Appellant was convicted of swindling, and his punishment assessed at 30 days in jail in addition to a fine of $25.

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 cannot be considered.

The judgment is affirmed.