Ex parte Hughes

Offense, illegal marking of a hog; penalty, two years.

We find the record in this condition; Motion for new trial was overruled and notice of appeal given and entered of record on March 7, 1928. The statement of facts and all bills of exception were filed June 8, 1928, which was more than 90 days after notice of appeal was given. Under the terms of article 760, subd. 5, C. C. P. (1925), these matters were filed too late for consideration by this court. See, also, White v. State (Tex. Cr. App.) 4 S.W.(2d) 547; Lattimore v. State (Tex. Cr. App.) 4 S.W.(2d) 552, and authorities there cited.

The…