
    DAVIS v. STATE.
    (Court of Criminal Appeals of Texas.
    June 7, 1911.)
    Criminal Law (§ 1099) — Statement of Facts — Filing—Time.
    A statement of facts, filed nine days after adjournment of the trial term, will not be considered on appeal, where there was no order allowing filing after adjournment.
    [Ed. 'Note. — For other cases, see Criminal Law, Cent. Dig. § 2876; Dec. Dig. § 1099.]
    Appeal from Potter County Court; W. M. Jeter, Judge.
    W. M. Davis was convicted of keeping a disorderly house, and he appeals.
    Affirmed.
    O. E. Lane, Asst. Atty. Gen., for the State.
    
      
       For other oases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   PRENDERGAST, J.

The appellant was charged with keeping a disorderly house, convicted, and his penalty fixed at a fine of $200 and 20 days’ imprisonment in the county jail.

The Assistant Attorney General has made a motion to strike out the purported statement of facts and not consider same, because it was not filed within the time authorized by law. The county court in which the case was tried adjourned February 4, 1911. There was no order allowing the statement of facts to be filed after adjournment. The statement of facts was filed on February 13th, nine days after adjournment of court. It has been the uniform holding of this court to strike out and not consider a statement of facts thus filed. Looper v. State, 136 S. W. 791, 792; Mosher v. State, 136 S. W. 467. A long list of other cases might be cited, but we deem it unnecessary. The motion of the Assistant Attorney General is granted, and said statement of facts struck out and not considered.

There is no bill of exceptions, nor other matters which we can consider in the absence of a statement of facts.

The judgment is therefore affirmed.  