298 S.W. 898
WASHINGTON 
v. 
STATE.
(No. 10959.)
Court of Criminal Appeals of Texas.
October 5, 1927.
        Appeal from District Court, Freestone County; J. R. Bell, Judge.
        Leroy Washington was convicted of rape, and he appeals. Affirmed.
        Levi Herring, of Fairfield, for appellant.
        Sam D. Stinson, State's Atty., and Robt. M. Lyles, Asst. State's Atty., both of Austin, for the State.
        MORROW, P. J.
        The offense is rape; punishment fixed at confinement in the penitentiary for a period of 5 years.
        The prosecutrix, Jessie Davis, a girl 14 years of age, and stepdaughter of the appellant, gave direct 
and positive testimony to the commission of the offense. The appellant denied it. There was testimony to 
circumstances from other witnesses introduced tending to support the theory of both the state and the 
appellant. We do not conceive the evidence of the prosecutrix and the state's witnesses to present an 
alleged state of facts so incredible as to warrant the appellate court in overturning the verdict of the jury 
which has the sanction of the trial court.
        Our examination of the court's charge and the special charges given at the request of the appellant 
leads us to the conclusion that the issues arising from the evidence were fairly presented to the jury.
        There are no exceptions to either the charge of the court or its ruling upon the admission or rejection 
of evidence, or any other matter of procedure during the trial. Reliance for a reversal appears to be upon 
the motion for a new trial alone. In that document there are criticisms of the court's ruling upon the 
admission and rejection of evidence, but none of these complaints are verified by bills of exceptions.
        A review of the action of the court in receiving or rejecting testimony cannot be had, unless the 
matter is preserved and presented on appeal by bills of exceptions, as required by statute. 2 Vernon's 
Tex. C. C. P. art. 667, p. 342.
        The judgment is affirmed.