Wair v. State

HAWKINS, Judge.

Conviction is for rape, punishment assessed being confinement in the penitentiary for life.

The opinion on a former appeal is reported in 133 Tex. Cr. R. 26, 106 S. W. (2d) 704.

Motion for new trial was overruled on April 2, 1938, and sixty days from said date allowed for filing bills of exception. On May 23d the time was extended to give ninety days from April 2d. The ninety days expired on July 1st. All bills of exception bear two file marks. Numbers 1 to 16 inclusive, 20, 21, 22, 23 24 and 25, show one file mark of date June 28th and numbers 17, 18 and 19 show one file mark of…