The indictment was for murder in the first degree. There was a due arraignment and plea of not ghilty; the' case was duly set for trial; and á jury verdict as follows: “We the jury' find' the defendant guilty of Murder in the' Second Degree as charged in the indictment, and fix his punishment at twenty _ years imprisonment in the Penitentiary.”' The appeal is upon the record. '

There are no questions- presented as to\ venire, or of rulings on the .introduction of evidence. The refused charges are not considered in the absence of a bill of exceptions.

No reversible error being presented,' the-judgment of conviction of murder in the second degree is affirmed.'

Affirmed.