
    THOMPSON v. STATE.
    (Court of Criminal Appeals of Texas.
    Jan. 10, 1912.)
    1. Criminal Law (§ 1099*) — Appeal—Statement of Facts — Time for Filins.
    Where accused was convicted of misdemeanor in the county court, and the term of that court ended July 1st, a statement of facts filed on July 27th is too late and will not be considered on appeal.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.*]
    2. Indictment and Information (§ 101*)— Sufficiency — Name of Accused.
    An indictment charging the appellant with pulling down and injuring the fence of W. G. Amos without the consent of W. J. Amos is not bad because of the variance in the initials of the alleged owner.
    [Ed. Note. — For _other_cases, see Indictment and Information, Cent. Dig. §§ 272-277; Dec. Dig. § 101.*]
    3. Criminal Law (§ 1092*) — Bills of Exception-Time for Filing.
    Bills of exception not filed within 20 days after 'the adjournment of the county court wherein appellant was convicted of a misdemeanor, cannot be considered on appeal.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2847; Dec. Dig. § 1092.*]
    Appeal from Van Zandt County Court; C. L. Stanford, Judge.
    J. W. Thompson was convicted of pulling down and injuring a fence without consent of the owner, and he appeals.
    Affirmed.
    Chas. L. Hubbard, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

This cause was tried in the county court of Van Zandt county, and resulted in the conviction of appellant, and the imposition of a fine of $10.

The trial court adjourned on the 1st day of July, 1911, and the record shows that the purported statement of facts was not filed by the county clerk until July' 27, 1911. This is too late, and the statement of facts cannot be considered by this court. The motion of the Assistant Attorney General to strike same from the record is sustained. Hooper v. State, 138 S. W. 396; McGowen v. State, 138 S. W. 402.

Appellant has filed his brief in this court, and in assignment No. 1 insists that as the indictment charges the appellant with pulling down and injuring the fence of TV. O. Amos, without the consent of W. J. Amos, the indictment is bad because of variance in the name of the alleged owner, and that of the party whose consent was wanting. There is no merit in this contention. See article 444, C. C. P.; Cotton v. State, 4 Tex. 260; Stockton v. State, 25 Tex. 772; White’s Code of Criminal Procedure, 248; Hunter v. State, 8 Tex. App. 78; Wampler v. State, 28 Tex. App. 353, 13 S. W. 144.

The bills of exception were all filed on July 28th, more than 20 days subsequent to the adjournment of court, and, this being a misdemeanor case, the bills cannot be considered, and the motion of the Assistant Attorney General to strike them from the record is sustained.

In the absence of a statement of facts and bills of exception, the other assignments in the motion for a new trial present no error.

The judgment is affirmed.  