Ex Parte Denson

BELCHER, Judge.

This is an appeal from an order of the county court of Liberty County remanding relator to custody after a hearing in a habeas corpus proceeding.

Notice of appeal was given on May 2, 1957. Appellant was allowed 90 days after the date of giving notice of appeal within which to prepare and file a statement of facts. Art. 759a, Sec. 4, Vernon’s A.C.C.P.

The statement of facts appearing in the record was filed in the trial court on August 5, 1957, which was not within the required time.

The affidavit of one of appellant’s attorneys shows that the statement of facts was completed and…