Guerra v. State

DICE, Commissioner.

Appellant was convicted as a second offender under the Uniform Narcotic Drug Act, Art. 725b, Vernon’s Ann.P.C., for the unlawful sale of heroin and his punishment was assessed at confinement in the penitentiary for fifty years.

The statement of facts found in the record bears the approval of counsel for the state and for the appellant but is not approved by the trial judge. Not being approved by the trial judge, the statement of facts cannot be considered, because it was not filed within ninety days after the date notice of appeal was given as required by Section 4 of…