Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for five years.

The indictment appears regular. The record is before this court without statement of facts or bills of exception. In the absence of the evidence heard before the trial court, we are unable to appraise the matters presented in the motion for new trial.

No error having been perceived justifying a reversal of the conviction, the judgment is affirmed.