Opinion
No. 12992.
Delivered February 12, 1930.
1. — Bill of Exception — Time for Filing.
A bill of exception filed too late will not be considered.
2. — Evidence.
The evidence is sufficient to support the verdict.
Appeal from the District Court of Guadalupe County. Tried below before the Hon. Lester Holt, Judge.
Appeal from a conviction for driving an automobile upon a public highway while intoxicated; penalty, fifty dollar fine.
The opinion states the case.
Stevenson Knetsch of Seguin, for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
Conviction for driving an automobile upon a public highway while intoxicated; punishment, a fine of fifty dollars.
Appellant has but one bill of exceptions, which was filed too late for our consideration. On May 18th the court overruled the motion for new trial, and by order made granted sixty days from that date in which to file bills of exception. By supplemental order made during said sixty days such time was extended twenty-five days. The only bill of exceptions in this record was filed two days after the expiration of the extended time, hence same can not be considered.
The facts in the case seem ample to support the judgment and sentence. On the State's case appellant was very drunk and was operating his automobile upon a public highway. The jury were justified in their judgment. Same will be affirmed.
Affirmed.