
    Henry HANKINS, Appellant, v. The STATE of Texas, Appellee.
    No. 28527.
    Court of Criminal Appeals of Texas.
    Oct. 31, 1956.
    No attorney for appellant of record on appeal.
    Henry Wade, Criminal Dist. Atty., Thornas B, Thorpe, Harvey Lindsay and George P. Blackburn, Asst. Dist. Attys., Dallas, and Leon B, Douglas, State’s Atty.,. Austin, for the State.
   DICE, Commissioner.

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, Vernon’s Ann. C.C.P., provides that a statement of facts shall be filed within 90 days áfter notice of appeal has been given. The" "statement of facts, .not having been filed withiu .the 90-day,, period provided by statute, cannot be, considered. Tarwater v. State, 160 Tex.Cr.R. 59, 265 S.W.2d 83, 267 S.W.2d 410; and Scales v. State, Tex.Cr.App., 272 S.W.2d 118.

In the absence of a statement’ of facts which can be considered, we are riot imposition to pass upon questions pertaining to" the court’s charge, admissibility of evidence, and the sufficiency of the evidence. Stephens v. State, Tex.Cr.App., 274 S.W.2d 829; Hughes v. State, Tex.Cr.App., 276 S.W.2d 813; Brown v. State, Tex.Cr.App., 282 S.W.2d 224.

The indictment, as well as all other matters of procedure, appears regular; therefore, nothing is presented for review

The judgment is affirmed.

Opinion approved by the Court.  