Appellant was indicted, tried, and convicted of the offense of rape and his punishment fixed at death.

The appeal is on the record, without bill of exceptions. No error appearing in the record, the 'judgment is affirmed.

The date for the execution of the death se'ntence having passed, it is ordered that Friday, January 28, 1938, be and is fixed for the execution of such sentence in the manner provided by law.

Affirmed.