
    CANTRELL v. STATE.
    (No. 3998.)
    (Court of Criminal Appeals of Texas.
    March 22, 1916.)
    Criminal Law <©=51096, 1102 — Statement of Facts — Bills of Exception — Time foe Filing.
    Where appellant from a conviction of misdemeanor did not file his statement of facts until 85 days after adjournment of the county court for the term at which he was convicted, and the bills of exception did not show when they were filed, hut merely that they were approved by the judge within the time by law in which they could have been legally filed, the state’s motion to strike the statement and bills must be sustained.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2847; Dec. Dig. <©=51096, 1102.]
    Appeal from Bell Comity Court; W. S. Shipp, Judge.
    Cotton Cantrell was convicted of misdemeanor, and he appeals. On motion to strike the statement of facts and hills of exception from the transcript.
    Motion sustained.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

This is a misdemeanor conviction. The term of court at which appellant was convicted adjourned November 30, 1915. The statement of facts contained in the record was not approved until January 3d, and, after being approved on that date, was not filed until February 13, 1916 — some 85 days after the adjournment of county court for the term. The bills of exception contained in the record do not show when filed with the clerk of the county court, but the date of approval by the judge shows they were approved within the time allowed by law in which they could be legally filed. Therefore the motion of the Assistant Attorney Genera] to strike the statement of facts and bills of exception from the transcript must be sustained. De Friend v. State, 153 S. W. 881; Durham v. State, 155 S. W. 222.

The judgment is affirmed.

DAVIDSON, J., absent.  