Hoskins v. State

McDonald, judge.

This appeal is from a conviction of driving a motor vehicle while license as a commercial operator was suspended; the punishment, a fine of $50.00 and thirty days in jail.

Appellant’s motion for new trial was overruled, and notice of appeal was given in open court, on February 25, 1963. The ninety days during which appellant was required to file the statement of facts, as required by Article 759a, Sec. 4, Vernon’s Tex.C.C.P., expired on May 26, 1963. No statement of facts was filed by appellant by such date.

On June 11, 1963, one hundred and six days after notice of appeal, a…