Page 331

37 S.W. 331

McMILLIAN 
v. 
STATE.

Court of Criminal Appeals of Texas.
October 28, 1896.

        Appeal from district court, Freestone county; Rufus Hardy, Judge.
        Sam McMillian was convicted of a crime, and appeals. Affirmed.
        Mann Trice, for the State.

        DAVIDSON, J.
        Appellant was convicted of horse theft, and given a term of five years in the penitentiary, and 
prosecutes this appeal. The record does not contain a statement of facts, nor are there any bills of 
exceptions incorporated therein. There was an application for a continuance presented to the court, which 
seems to have been overruled. On motion for a new trial there are quite a number of affidavits filed by the 
state contesting that ground of the motion for a new trial which alleged error on the part of the court in 
overruling the application for a continuance. It is not necessary to enter into a discussion or investigation 
of any of the matters growing out of said affidavits, because the application for a continuance cannot be 
considered, for the reason that the appellant reserved no bill of exceptions to the overruling of the same 
by the court. As before stated, the record does not contain a statement of facts; hence we cannot consider 
the contention of appellant that the evidence is insufficient to support the conviction. The judgment is 
affirmed.
        HURT, P. J., absent.