
    Hugh SPENCER v. STATE.
    (No. 10894.)
    Court of Criminal Appeals of Texas.
    May 11, 1927.
    Appeal from District Court, Yal Verde County; Joseph Jones, Judge.
    Phil B. Poster, of Del Rio, for appellant.
    Sam D. Stinson, State’s Atty., and Robt. M. Lyles, Asst. State’s Atty., both of Austin, for the State.
   LATTIMORE, J.

Conviction of felony theft; punishment, two years in the penitentiary. There are no bills .of exception in the record. Appellant entered a plea of guilty. The property stolen was an automobile. Appellant’s written confession is in evidence and makes out the case. Other evidence appears substantiating the statements in the confession. Appellant took the witness stand and admitted his guilt. He asked for a suspended sentence, but the jury saw fit not to grant his request. The charge of the court seems to properly present the law of the case. Appellant filed a motion for new trial setting up newly discovered evidence. No affidavit of any newly discovered witness was appended to the motion, nor was any evidence brought before the court upon the hearing supporting the claim of appellant as made in said motion. Binding no error in the record, the judgment will be affirmed.

MORROW, P. J., not sitting.  