Maguson v. State

HAWKINS, Judge.

Conviction is for burglary, punishment being five years in the penitentiary.

The state has filed a motion to strike out the statement of facts and bills of exception because none of them were filed within the time fixed by the statute. No order was made by the court extending the time of filing. The motion for new trial was overruled on March 26, 1929. The ninety days allowed by law (Art. 760, C. C. P.) for filing statement of facts expired on June 24, 1929. The statement of facts was filed in the trial court on' May 14, 1929, which was well within the ninety day period. - The.…