
    STEELMAN v. STATE.
    (No. 10778.)
    (Court of Criminal Appeals of Texas.
    Feb. 23, 1927.)
    Criminal law <§=>1099(6) — in absence of. legal exouse for delay, statement of facts, filet! more than 90 days after notice of appeal, cannot be considered (Code Cr. Proc. ¡925, art. 760).
    Under Code Cr. Proc. 1925, art. 760, statement of facts filed more than 90 days after notice of appeal cannot be considered by Court of Criminal Appeals in absence of legal excuse for delay. ,
    Appeal from District Court, Lamar County; George P. Blackburn, Judge.
    Lewis Steelman was convicted of burglary, and he appeals.
    Affirmed.
    R. P. Lewis, of Paris, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and. Robt. M. Lyles, Asst. State’s Atty., of 'Groesbeck, for the State.
   MORROW, P. J.

The offense is burglary; punishment fixed at confinement in the penitentiary for a period of two years.

Notice of appeal was entered on the 9th day of October, 1926. The statement of facts was filed in the trial court on February 8, 1927. In the absence of a legal excuse for the delay, a statement of facts filed more than 90 days after notice of appeal cannot be considered by this court. The statute forbids its consideration. Article 760, C. C. P. 1926.

The indictment is regular. There are no complaints of the procedure demanding a review.

The judgment is affirmed. 
      <®=>For other cases see same topic and KBY-NXJMBER in all Key-Numbered Digests and Indexes
     