Appellant was convicted of rape, his punishment bping assessed at five years confinement in the penitentiary.

The record contains neither a statement of facts nor bill of exceptions. There were four special charges refused. In the absence of the evidence we are unable to determine whether the court erred in refusing them. The grounds of the motion for new trial can not be considered. For want of the testimony and reserved exceptions the judgment will be affirmed.

Affirmed.