Appellant was convicted under an affidavit in three counts, charging him with (1) .driving a motor vehicle while under, the influence of intoxicating liquor, (2) reckless driving, and (3) public intoxication.

The sole error assigned is the overruling of his motion for a new trial. All questions sought to be presented under the motion for a new trial depend upon the evidence, which is not in the record.

Therefore nothing is before this court.

Judgment affirmed.

Bobbitt, Emmert, Draper, and Gilkison, JJ., concur.

Note. — Reported in 119 N. E. 2d 717.