Opinion
No. 19149.
Delivered June 9, 1937.
Statement of Facts — Filing.
In an appeal from a habeas corpus proceeding, statement of facts filed 97 days after date notice of appeal was given, was filed too late, and could not be considered.
Appeal from the County Court of Hartley County. Tried below before the Hon. R. A. DeFee, Judge.
Appeal from an order remanding petitioner to the custody of the sheriff.
Affirmed.
The opinion states the case.
Art Schlofman, of Dalhart, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
This is an appeal from a habeas corpus proceeding.
The statement of facts was filed in the trial court ninety-seven days after the date notice of appeal was given. This was too late. An examination of the transcript leads us to the conclusion that appellant was properly remanded to the custody of the sheriff.
The judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.