Smith v. State

HAWKINS, Judge.

Conviction is for possessing intoxicating liquor for the purpose of sale, punishment being one year in the penitentiary.

The motion for new trial was overruled on August 2d, at which time notice of appeal was given, and the court entered an order granting appellant 80 days “after adjournment of court” in which to file statement of facts. The term of court did not adjourn until August 31st. The statement of facts was filed in the court below on November 1st, which was within 80 days from adjournment, but more than 90 days from the date notice of appeal was given. Our attention is…