The appellant was indicted for murder, plead guilty and the jury found him guilty of murder in the second degree and fixed his penalty at twenty-five years in the penitentiary.

There is no statement of facts in the record. The Assistant Attorney-General moves the court to dismiss the appeal because the record does not show that notice' of appeal was given. The record shows no notice of appeal.

The motion to dismiss will, therefore, be granted.

Dismissed.