Hankins v. State

DICE, Judge.

The conviction is for statutory rape; the punishment, 99 years in the penitentiary.

The statement of facts appearing in the record is not shown to have been filed with the clerk of the trial court within 90 days after notice of appeal was given.

Art. 759a, Sec. 4, V.A.C.C.P., provides that a statement of facts shall be filed within 90 days after notice of appeal has been given. The statement of facts, not having been filed within the 90-day period provided by statute, cannot be considered. Tarwater v. State, 160 Tex. Cr. R. 59, 265 S.W. 2d 83; and Scales v. State, 272 S.W. 2d 118.

In…