Robbery by assault is the offense; penalty assessed at confinement in the penitentiary for a period of five years.

The indictment appears regular. The record is before us without statement of facts or bills of exception.

In the absence of the evidence adduced upon the trial, this Court is unable to appraise the matters presented in the motion for new trial.

No error having been perceived justifying a reversal, the judgment is aifirmed.