Guerra v. State

Appeal is from a conviction for negligent homicide of the second degree ; the punishment being imprisonment in the county jail for one year.

There is in the record a statement of facts which was filed in the trial court on the 7th day of July. The motion for new trial was overruled, and notice of appeal given on the 29th day of March. By revision of our Code of Criminal Procedure 1925, art. 760, subd. 5, the statement of facts must be filed within 90 days “from the date the notice of appeal is given.” In this case the 90 days expired on the 27th day of June. ,We cannot consider the statement…