Hash v. State

BERRY, Judge.

The offense is the unlawful sale of intoxicating liquor, and the punishment is one year in the penitentiary.

The state suggests that the statement of facts was filed too late to be considered. The record discloses that the motion for a new trial was overruled and the notice of appeal given on the 9th day of December, A. D. 1925, and that the statement of facts was not filed in the court below until the 19th day of March, 1926. Under Subdivision 5, Art. 760 of the 1925 Revision of the C. C. P., a statement of facts filed more than ninety days after the notice of appeal is given…