Woods v. State

CALHOUN, Judge.

The offense is burglary; the punishment, two years in the penitentiary.

The state raises the question that the statement of facts is not filed within the time allowed by statute and are therefore not subject to be considered. The motion for new trial was overruled and notice of appeal given on July 4, 1931. The statement of facts appearing in this record shows to have béen filed October 8, 1931. This was ninety-six days after notice of appeal had been given. This was in excess of the maximum of ninety days after notice of appeal was given, and was too late. Article 760, Code of…