Miller v. State

GRAVES, Judge.

This cause was reversed and remanded on the original hearing herein because of the use a second time of a previous conviction for the purpose of an enhancement of the penalty.

In this motion for a rehearing it is made to appear that the statement of facts and bills of exception herein were filed 103 days after the overruling of the motion for a new trial and notice of appeal in the lower court. This filing was too late. Art. 760, C. C. P. limits the maximum time within which bills of exception and statement of facts may be filed to 90 days after the date notice of appeal is…