Gill v. State

KRUEGER, Judge.

The offense is forgery. The punishment assessed is confinement in the state penitentiary for a term of two years.

It appears from the record that appellant’s motion for a new trial was heard and overruled on the 13th day of August, 1947, at which time he gave notice of appeal to this Court. Under Art. 760, C. C. P., he had 90 days in which to file a statement of facts. However, the statement of facts was not filed in the court below until the 21st day of November, 1947, which was more than 90 days after he gave notice of appeal. Therefore, the same cannot be considered by this…