White v. State

HAWKINS, Judge.

Conviction is for theft of property over the value of $50.00, punishment assessed being two years in the penitentiary.

Notice of appeal was given on June 20, 1935. Subdivision 5, Art. 760, C. C. P., allows consideration of a statement of facts filed within ninety days from the date the notice of appeal was given. The statement of facts here was not filed until ninety-five days after the notice of appeal.

The attorneys for appellant by affidavit make it appear that the delayed filing was no fault of appellant or the attorneys, hence same will be considered.

On the night of January…