Opinion
No. 13623.
Delivered November 5, 1930.
Intoxicating Liquor — Statement of Facts — Bills of Exception.
The statement of facts and bills of exception were filed too late, since the court was without authority to grant time for filing beyond ninety days from the date of notice of appeal.
Appeal from the District Court of Madison County. Tried below before the Hon. S.W. Dean, Judge.
Appeal from a conviction for the possession of intoxicating liquor for purposes of sale; penalty, confinement in the penitentiary for one year.
The opinion states the case.
Joe E. Webb of Madisonville, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for possessing intoxicating liquor for purposes of sale; punishment, one year in the penitentiary.
Appellant's motion for new trial was overruled and he was sentenced on December 19, 1929, and he was then given eighty days in which to file statement of facts and bills of exception. On the same day the court signed and had filed an order granting appellant "ninety days after the day of adjournment" in which to file a statement of facts. The trial term of the court below adjourned on January 4, 1930, some sixteen days after the overruling of appellant's motion for new trial. Art. 760, C. C. P. specifically provides that a statement of facts in a felony case shall be considered as having been filed within the time allowed by law, if filed within ninety days from the date the notice of appeal is given. We know of no authority holding that the trial court may make any order granting to the accused a longer period for filing statement of facts and bills of exception, than ninety days after the date of the giving of notice of appeal. The order of the court above referred to attempting to fix a ninety-day period after the adjournment of court, would be an effort on the part of the court below to grant the accused one hundred and six days after the date of the giving of notice of appeal in which to file his statement of facts. The court had no power to make such an order. Both the statement of facts and bills of exception in this case were filed more than ninety days after the date of the notice of appeal, and we have no power under the statute to consider either of them. The indictment, the charge of the court, the judgment and sentence are in conformity with law.
No error appearing, the judgment will be affirmed.
Affirmed.
HAWKINS, J., absent.