Grace v. State

HAWKINS, Judge.

Conviction is for aggravated assault, punishment being a fine of $25.00.

The state’s attorney with this court urges that the statement of facts was filed too late, and that the record fails to show when the bills of exception were filed, if ever, in the trial court. The state’s position is correct.

The trial term of court adjourned on the 22d day of November; appellant’s motion for new trial being overruled the same day. Art. 760 C. C. P., subdivision S fixes the time for filing statement of facts and bills of exception under such circumstances at thirty days, unless there be an…