
    BAILEY v. STATE.
    (No. 10078.)
    (Court of Criminal Appeals of Texas.
    April 21, 1926.)
    Criminal law <@==>1099(6) — Statement of facts, not filed until more than 90 days after notice of appeal was given, held not timely and not considered by reviewing court (Code Cr. Proc. 1925, art. 760).
    Where motion for new trial was overruled and notice of appeal given on October 5, 1925, statement of facts not filed until 6th of January, 1926, held not timely, in view of Code Cr. Proe. 1925, art. 760, limiting time for filing statements of facts to 90 days from time notice of appe'al is given and not considered by reviewing court.
    <®=jFor other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
    Appeal from District Court, Milam County; John Watson, Judge.
    George Bailey was convicted of manslaughter, and he appeals.
    Affirmed.
    B. P. Matocha, of Cameron, for appellant.
    Sam. D. Stinson, State’s Atty., of Austin, and Robt. M. Dyles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

Conviction in district court of Milam county of manslaughter, punishment fixed at two years in the penitentiary.

The record is before this court without any bills of exception. The state’s attorney objects to a consideration of the statement of the facts because filed more than 90 days from the date of the 'order overruling the motion for new trial. This objection of the state’s attorney must be sustained. Attention of the courts and litigants is again called to the fact that the Revised Criminal Statutes of 1925, which became effective on September 1, 1925, in article 760, specifically states that the time for filing statements of fact and bills of exception shall not be so extended as to delay the filing thereof within 90 days from the date notice of appeal is given. Under the law as it was before the adoption of the Revised Code, parties could be allowed 90 days from the adjournment of court for the filing of statements of fact and bills of exception. We regret that we are unable to consider the statement of facts in this and other cases, which, though filed within 90 days after the adjournment of court, but not within 90 days after the giving of notice of appeal. In the instant ease the motion for new trial was overruled and notice of appeal given on October 5, 1925, but the statement of facts was not filed until the 6th of January, 1926. This being, after the expiration of the time allowed by the new statute, as stated above, the objection of the state will be sustained, and we must decline to consider the statement of facts. The indictment and charge of the court appear to be' in conformity to the law.

No error appearing, the judgment will be affirmed.  