Pena v. State

HAWKINS, Judge.

Conviction is for transporting intoxicating liquor, punishment one year in the penitentiary.

The motion for new trial was overruled on March 27th and ninety days from that date allowed in which to file statement of facts and bills of exception. The ninety days expired on June 25th. The statement of facts was approved by the trial judge on June 23d but was not filed in the lower court until June 26th, which was one day too late. See Subd. 5, Art. 760, C. C. P. For authorities see Note 44, Art. 760, Vernon’s C. C. P., Vol. 3. The statement of facts can not be considered.

A number…