Le Marr v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, 50 years.

The state has moved to strike the statement of facts on file in this court because the same was not filed in the trial court until the 104th day after notice of appeal and therefore filed too late for our consideration under Articles 759A, sec. 4, and 760d, V.A.C.C.P.

Appellant’s attorney, in answer to such motion, has furnished this court with an affidavit in which he states that the statement of facts was completed by the court reporter on or about *475May 24, 1957. He does not tell this court how he knew that the…