Opinion
No. 19270.
January 5, 1938.
1. — Statement of Facts — Filing.
Statement of facts accompanying record could not be considered where the same was not filed until 146 days after date on which notice of appeal was given.
2. — Appeal — Bills of Exception — Statement of Facts.
Where indictment appeared regular and regularly presented, in absence of any bills of exception or a statement of facts, nothing was presented warranting a reversal.
Appeal from the District Court of McLennan County. Hon. D. W. Bartlett, Judge.
Appeal from conviction for theft; penalty, confinement in penitentiary for five years.
Affirmed.
The opinion states the case.
Howell L. Taylor, of Waco, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is theft; penalty assessed at confinement in the penitentiary for five years.
The indictment appears regular and regularly presented. No complaint of the ruling of the trial judge has been presented by bills of exception.
The statement of facts accompanying the record cannot be considered by this court for the reason that same was not filed within the time prescribed by Art. 760, C. C. P., 1925. The appellant's motion for new trial was overruled and notice of appeal given May 1, 1937. The statement of facts was not filed in the trial court until September 24, 1937, which was 146 days from the date on which notice of appeal was given.
In the absence of the statement of facts and bills of exception, nothing has been presented warranting a reversal. The judgment of the trial court is therefore affirmed.
Affirmed.