
    ONTHANK v. STATE.
    (No. 12355.)
    Court of Criminal Appeals of Texas.
    Feb. 27, 1929.
    
      Fred H. Woodard, of Amarillo, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for tlie State. ■ .
   DATTIMORE, J.

Conviction for transporting intoxicating liquor; punishment, one year in the penitentiary.

This record shows the motion for new trial herein to have been overruled August 24, 1928, at which time notice of appeal was given. The bills of exception and statement of facts were filed December 1, 1928. This was more than 90 days after the giving of notice’ of appeal, and we are not at liberty to consider them in view Of this fact. The trial court has no power to extend the time for filing bills of exception and statement of facts beyond 90 days after the giving of notice of appeal. Article 760, C. C. P.

No error appearing, the judgment will be affirmed.  