Victorian v. State

WOODLEY, Judge.

The appeal is from a conviction for murder, with punishment assessed by a jury at 99 years in the penitentiary.

Appellant’s motion for new trial was overruled and he was sentenced and gave notice of appeal on November 10, 1949.

The trial court’s order allowed appellant 90 days “to prepare appeal.”

The statement of facts and bills of exception were not filed Until February 9, 1950, which was 91 days from the date the notice of appeal was given.

Not having been filed within the time allowed by law and by the trial court’s order, the statement of facts and bills of exception cannot be…