
    CARDEN v. STATE.
    (Court of Criminal Appeals of Texas.
    April 30, 1913.)
    Criminal Daw (§ 1106) — Bill on Exceptions — Statement op Facts — Piling — Time.
    Where accused was convicted at a term of court which continued more than 8 weeks, and ■more than 90 days elapsed after the motion for a new trial was overruled and sentence pronounced, and no statement of facts or bills of exception have been filed in the trial court, the judgment will be affirmed.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2890-2892; Dec. Dig. § 1106.]
    Appeal from District Court, Travis County; Chas. A. Wilcox, Judge.
    W. P. Carden was convicted of burglary, and he appeals.
    Affirmed.
    J. D. Moore, of Austin, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was prosecuted and convicted of burglary, and his punishment assessed at four years’ confinement in the state penitentiary.

Appellant was convicted at the December term of the district court of the twenty-sixth judicial district. This term of court may, and did, continue in session ior more than 8 weeks. The motion for new trial herein was overruled and sentence pronounced on January 21, 1913. More than 90 days have elapsed since said time, and no, statement of facts nor bills of exception have been filed in the trial court, as shown by the record filed in this court.

As the indictment charges an offense against the laws of this state, and the court submits that offense in his charge, we must presume that the charge correctly submitted all the issues arising from the evidence adduced.

Judgment affirmed.  