
    KECK v. STATE.
    (No. 7481.)
    (Court of Criminal Appeals of Texas.
    March 7, 1923.)
    1. Criminal law @=>1092(7), 1099(6) — Statement of facts and bills of exceptions, filed after time allowed, cannot be considered on appeal.
    Where, upon appellant’s motion for new trial being overruled, an order was entered, granting him 90 days from adjournment of court in which to file statement of facts and bills of exception, and such statement of facts and bills of exception were filed two days later than the time allowed, they cannot be considered on appeal.
    2. Criminal law @=>1182— Affirmance ordered when indictment regular and charge submitted law, statement of facts and bilis of exception being filed too late to be considered.
    Where the statement of facts and bills of exception cannot be considered 'by reason of being filed too late, and the indictment is in accordance with the law, and the charge of the court submitted the law of the case, an affirmance must be ordered.
    Appeal from District Court, Montague County; C. R. Pearman, Judge.
    Chris Keck was convicted of rape, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   DATTIMORE, J.

Appellant was convicted in the district court of Montague county of the offense of rape, and his punishment fixed at five years in the penitentiary.

The trial term of the court below ended on July 15, 1922. When appellant’s motion for new trial was overruled and his notice of appeal given, an order, granting him 90 days from adjournment of court in which to file statement of facts and bills of exception, was entered. A simple computation of the time so granted will make it plain that 16 days of July, added to 31 in August and thirty in September, would make the 90-day period expire on October 13th. The statement of facts in this case and each of the bills of exception were filed in the office of the clerk of the trial court on October 15, 1922. We are given no right under the statute to consider bills of exception and statements of facts filed too late.

The indictment was in accordance with law, charging statutory rape upon Edith Howard, a female under the age of 15 years, she not being the wife of appellant. The charge of the court submitted the law of the case, and, there being no statement of facts or bills of exception, it follows that an affirmance must be ordered. 
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