ON MOTION FOR REHEARING.

In the motion for rehearing on file, appellant asserts that we erred in our affirmance, and that the error will be demonstrated by an inspection of the statement of *518 facts and bills of exception which he asserts have been discovered to be on file within the time prescribed by law. If these facts so stated be true, we regret very much they are not verified by the presentation of said documents. We cannot consider a statement , of facts nor bills of exception which do not appear in a record, and the fact that such documents may be in the office of the clerk of the trial court, in no way brings them here. The motion for rehearing not being accompanied by an application for a writ of certiorari, or any showing that the statement of facts and bills of exception were properly filed, or are within the reach of this court, the motion for rehearing will be overruled. Overruled.

— Conviction is for theft of property over the value of §50.00, punishment being three years in the penitentiary.

The record contains neither statement of facts nor bills of exception, hence nothing is presented for review. However, we notice that in sentencing appellant the court inadvertently omitted to give him the benefit of the indeterminate sentence. (Art. 775, C. C. P.) The sentence is reformed to condemn appellant to confinement in the penitentiary for not less than two nor more than three years.

As thus reformed the judgment is affirmed.

Affirmed.