Opinion
No. 25224.
March 21, 1951.
Appeal from the County Court of Gregg County, Earl Sharp, J.
No attorney for appellant.
R. L. Whitehead, Criminal Dist. Atty., David C. Moore, Asst. Crim. Dist. Atty., Longview, George P. Blackburn, State's Atty., of Austin, for the State.
The offense is the operating of a motor vehicle upon a public highway by appellant while his operator's license was suspended. Art. 6687b, Sec. 34, Vernon's R.C.S. Punishment was assessed at a fine of $50 and ten days in jail.
The bills of exception and, this being a misdemeanor case, the statement of facts accompanying the record cannot be considered, inasmuch as they were not filed within the statutory thirty-day period after adjournment of court (November 11, 1950) at which this conviction was had and no extension of time for such filing was granted. The record reflects that the bills were filed on January 17, 1951. Art. 760, Sec. 5, C.C.P. Turner v. State, Tex.Cr.App., 223 S.W.2d 236; Cadrin v. State, 129 Tex.Crim. 525, 89 S.W.2d 1001.
For the reason assigned, the judgment is affirmed.