Earp v. State

WOODLEY, Judge.

Appellant was convicted for the sale of whiskey in a dry area, and his punishment assessed by the jury at 90 days in jail and a fine of $500.

Motion for new trial was overruled on September 18, 1950, *111and the 90 days allowed thereafter for filing the statement of facts and bills of exception expired on December 18, 1950.

The statement of facts and the lone bill of exceptions appearing in the record show to have been filed on December 21, 1950, and therefore after the expiration of the time allowed by law and by the court’s order.

Appellant, by affidavit of his counsel, contends…