Malek v. State

McDONALD, Presiding Judge.

The offense is negligent homicide in the second degree; the punishment, a fine of $500.

Appellant’s amended motion for new trial was overruled, and notice of appeal was given in open court, on April 17, 1964. The ninety days during which appellant was required to file the statement of facts, as required by Art. 759a, Sec. 4, Vernon’s Ann.C.C.P., expired on July 17, 1964. No statement of facts was filed by appellant by such date.

On August 28, 1964, after expiration of the 90 day period, a thirty-day extension to the already expired ninety days allowed by statute for…