Opinion
No. 24202.
December 22, 1948.
Statement of Facts — Filed too Late — Not Considered.
The motion for new trial was overruled April 16, 1948, and 80 days granted for perfecting appeal. The statement of facts was not filed in the trial court until July 31, 1948, which was 26 days after the time granted had expired and was too late to be considered.
Burglary. Appeal from District Court of McLennan County; penalty, confinement in the penitentiary for three years.
Hon. D. W. Bartlett, Judge Presiding.
Affirmed.
No attorney of record on appeal for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Conviction is for burglary, punishment assessed at three years in the penitentiary.
The motion for new trial was overruled on April 16, 1948, and 80 days granted for perfecting appeal. This time expired on July 5, 1948, and the statement of facts was not filed in the trial court until Junly 31, 1948, which was 26 days too late.
The judgment is affirmed.