Lister v. State

GRAVES, Presiding Judge.

Appellant was convicted of the theft of property over the value of fifty dollars, and sentenced to confinement in the state penitentiary for a term of two years.

There are no bills of exception in the record. However, a statement of facts is present which was filed in the trial court on November 9, 1953. Notice of appeal was given on August 5, 1953. It is evident that more than ninety days had elapsed after notice of appeal was given until the statement of facts was filed in the lower court. Article 759a, Section 4, C.C.P., provides that the statement of facts shall be…