¶1 Appellant was convicted in the Criminal District Court of misdemeanor theft and given a penalty of-ten months and fifteen days in. the county jail.
¶2 The record is before us without statement of facts or bills of exception. Appellant was on trial for a felony but under the evidence the court correctly submitted the issue of misdemeanor theft of.which accused was convicted.
¶3 No error appearing in the record, the judgment will be affirmed.
¶4 Affirmed.