Appellant was convicted of rape and awarded five years confinement in the penitentiary.

The statement of facts is filed so long after the adjournment of court it can not be considered. There is but one bill of exceptions in the record, and it is in the same condition. With these matters eliminated there is nothing set up in the motion for new trial that can be reviewed or revised.

The judgment, therefore, on the record as it stands will" be affirmed.

Affirmed.