Ex Parte Hill

ON MOTION FOR REHEARING.

MORRISON, Judge.

Appellant now moves this court to consider a supplemental statement of facts entitled “Exhibits on Appeal,” which was filed in the trial court long after the expiration of the 90 days provided by Article 759a, V. A. C. C. P.

As we view such article, it applies to appeals from the denial of a writ of habeas corpus as well as appeals from trials on the merits.

It has been the consistent holding of this court that “supplemental statements of fact” filed too late may not be considered. Davis v. State, 155 Tex. Cr. Rep. 101, 231 S. W. 2d 444.

The motion for…