Andrews v. State

MORRISON, Presiding Judge.

The offense is burglary with intent to commit the crime of rape; the punishment, six years.

The statement of facts was filed more than 90 days after the notice of appeal was given. Appellant asks that we consider the statement of facts, even though filed too late, and attached to his- motion an affidavit of the court reporter from which we quote the pertinent portion, as follows:

“Counsel for the defendant has duly made application for Statement of Facts in said case and has paid for said record but I am unable to complete the same and furnish it to him within the time…