Lead Opinion

Conviction for theft of an automobile, punishment five years in the penitentiary.

The record appears here without any statement of facts or bills of exception. The indictment correctly charges the offense, and is followed by the charge of the court.

Finding no error in the record, the judgment will be affirmed.

Affirmed.

Addendum

Appellant complains in his motion of the fact that he made an application for continuance, which was refused by the court below, and that we failed to take note of same in our former opinion. We do not find in the record a bill of exceptions complaining of such refusal. In the absence of such bill the action of the trial court in declining to continue the case cannot be brought before us for review.

The motion for rehearing will be overruled.

Overruled. *Page 364