Appellant was convicted of swindling and his punishment assessed at thirty days in tail in addition to a fine of $35.

The record is before us without a statement of facts or bill of exceptions. There is nothing in the motion for a new trial that can be considered in the absence of evidence. There is a motion for a continuance in the record, but a bill of exceptions was not reserved to the court’s refusal to grant it. Therefore, it can not be considered.

The judgment is affirmed.

Affirmed.