Opinion
No. 14137.
Delivered May 6, 1931. Rehearing Denied June 3, 1931. Reported in 38 S.W.2d 1116.
Murder — Bills of Exception — Statement of Facts.
Where the bills of exception and statement of facts are filed too late, they will not be considered.
Appeal from the District Court of Falls County. Tried below before the Hon. E. M. Dodson, Judge.
Appeal from a conviction for murder; penalty, confinement in the penitentiary for nine years.
Affirmed.
The opinion states the case.
Robert D. Peterson and W. H. Henderson, both of Marlin, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for murder; punishment, nine years in the penitentiary.
The state's attorney with this court calls our attention to the fact that the bills of exception and statement of facts herein were filed too late, under the provisions of our statute, for us to consider same. Examination of the record discloses the correctness of this position. Appellant's motion for new trial was overruled August 30, 1930. The ninety day period allowed him for filing statement of facts and bills of exception expired November 28, 1930. The statement of facts and bills of exception were filed after that time. Benson v. State, 85 Tex.Crim. Rep..
The indictment, the charge of the court, the judgment and sentence appear to be regular. No error appearing, the judgment will be affirmed.
Affirmed.