Mayo v. State

CHRISTIAN, Judge.

The offense is transporting intoxicating liquor; the punishment, confinement in the penitentiary for two years.

Motion for new trial was overruled on July 5, 1929', at which time an order was entered giving to appellant ninety days in which to file statement of facts and bills of exception. Such period, expired October 3, 1929. The statement of facts and bills of exception were filed October 12, 1929, which was too late. Art. 760, C. C. P.; Tillar v. State, 13 S. W. (2d) 368.

In sentencing appellant, the court failed to make application of the Indeterminate Sentence Law. The…