Opinion
No. 16683.
Delivered February 14, 1934.
Statement of Facts — New Trial.
In prosecution for burglary, held, in the absence of any statement of facts, the matter presented in the motion for new trial cannot be appraised.
Appeal from the District Court of Potter County. Tried below before the Hon. Henry S. Bishop, Judge.
Appeal from conviction for burglary; penalty, confinement in the penitentiary for two years.
Affirmed.
The opinion states the case.
R. A. Wilson and Reynold M. Gardner, both of Amarillo, for appellant. Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is burglary; penalty assessed at confinement in the penitentiary for two years.
The indictment appears regular. The record is before us without statement of facts and bills of exception.
In the absence of the evidence the matters presented in the motion for new trial cannot be appraised.
We have perceived no error in the procedure which would justify a reversal of the judgment. It is therefore affirmed.
Affirmed.