
    WHITE v. STATE.
    (No. 11248.)
    Court of Criminal Appeals of Texas.
    Feb. 22, 1928.
    Rehearing denied April 4, 1928.
    Criminal law <§=>!099(6) — Statement of faets, filed over 90 days after notice of appeal, cannot be considered (Code Cr. Proc. 1925, art. 760, subd. 5).
    Statement of facts, filed more than 90 days after notice of appeal was given, cannot be considered by Court of Criminal Appeals, under Code Cr. Proc. 1925, art. 760, subd. 5.
    Commissioners’ Decision.
    Appeal from District Court, Damar County; George P. Blackburn, Judge.
    Z. White was convicted of murder, and be appeals.
    Affirmod.
    Sturgeon & Sturgeon, of Paris, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   CHRISTIAN, J.

The offense is murder ; the punishment confinement in the penitentiary for 5 years.

No bills of exception appear in the record. Notice of appeal was given on the 30th day of April, 1927. A statement of facts was filed on September 15, 1927. It is thus seen that the statement of facts was filed more than 90 days after notice of appeal was given. In such condition, the statement of faets cannot be considered by this court. Subdivision 5 of article 760, C. C. P. 1925; Rudolph v. State, 107 Tex. Cr. R. 628, 298 S. W. 434; Triggs v. State, 105 Tex. Cr. R. 578, 289 S. W. 391; Bailey v. State, 104 Tex. Cr. R. 150, 282 S. W. 804.

No error being manifested by the record, the judgment is affirmed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  