
    PHILLIP v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 30, 1910.)
    Criminal Law (§ 1106) — Appeal—Affirmance.
    Where defendant fails to file his statement of facts on appeal within the time allowed, it cannot be considered; and where no question is raised which the court, without the statement of facts, can review, the conviction must be affirmed.
    [Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. §§ 2890-2892; Dec. Dig. § 1106.]
    Appeal from District Court, Hardin County; L. B. Hightower, Judge.
    Charles Phillip was convicted of murder in the second degree, and he appeals.
    Affirmed.
    E. J. Duff and Jno. L. Little, for appellant. John A. 'Mobley, Asst. Atty. Gen., for the State.
    
      
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   RAMSEY, J.

The appeal in this case is prosecuted from a conviction had in the district court of Hardin county, on April 13tlr of this year, in which appellant was found guilty of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a period of five years.

The record discloses that the term of court at which the conviction was had convened on the 28th day of March, and adjourned on the 30th day of April, 1910. On the overruling of appellant’s motion for a new trial, 30 days after the adjournment of the court was allowed in which to file bills of exception and statement of facts. Thereafter, on May 27th, 30 days additional was allowed in which to file statement of facts and bills of exception. This time was to begin with the expiration of the first 30 days allowed by the court. On June 25, 1910, the following order was entered by the Hon. L. B. High-tower, judge of the Ninth judicial district: “For good cause shown the time for filing the statement of facts and bills of exception is hereby extended until July 15, 1910.”

The statement of facts, as same comes to us, purports to have been filed on July 25, 1910, 10 days after the longest time authorized by law or by any order of the trial court. It is apparent that in this condition of the record the statement of facts cannot be considered. An inspection of the record further discloses the fact that there is no question raised on the appeal which, in the absence of a statement of facts, we are authorized to review.

It therefore follows that the judgment of conviction must be, and -the same is hereby, in all things affirmed.  