Keener v. State

DICE, Judge.

The offense is murder; the punishment, twelve 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 as required by Sec. 4 of Art. 759a, Vernon’s Ann. C.C.P., which reads: “The defendant shall file said Statement of Facts, in duplicate, with the clerk of the trial court within ninety (90) days after the date of giving notice of appeal.”

The statement of facts not having been filed with the clerk of the trial court, as required by this statute, cannot be considered. Williams v. State, 264 S.W. 2d 112.