Tubb v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for five years.

At the time notice of appeal was given the court entered no order extending the time for filing bills of exception. The term of court at which appellant was convicted adjourned *622March 2, 1940. In the absence of an extension order, appellant had thirty days from the date last mentioned in which to file his bills of exception. See Subdivision 5, Art. 760, C. C. P. On the 29th day of April, 1940, the court undertook to grant appellant ninety days from January 30, 1940 —…