Williams v. State

DICE, Commissioner.

The conviction is for assault with intent to murder; the punishment, confinement in the penitentiary for two and one-half years.

The statement of facts appearing in the record is not shown to have been filed with the clerk of the trial court within 90 days after notice of appeal was given.

Art. 759a, § 4, Vernon’s Ann.C.C.P., provides that a statement of facts shall be filed within 90 days after notice of appeal has been’ given. The statement of facts, not having been filed within the 90-day period provided by statute, cannot be considered. Hankins v. State, Tex.Cr.App., 294…