Appellant was convicted of burglary by the use of explosives (articles 1315 and 1316 P. C.), and his punishment assessed at 25 years in the penitentiary.

No statement of facts appears in the record. A number of special charges were requested and refused. The pertinency or otherwise thereof depends on the facts in evidence. This not being before us, we must assume the court properly refused the instructions.

No other question is presented for review.

The judgment is affirmed.