
    McDUFFIE v. STATE.
    No. 16691.
    Court of Criminal Appeals of Texas.
    April 18, 1934.
    Rehearing Denied May 16, 1934.
    Parks E. MeMichael, of Linden, for appellant.
    Lloyd W. Davidson, State’s Atty.,'.of Austin, for the State.
   KRUEGER, Judge.

The appellant was tried and convicted of the offense of transporting intoxicating liquor, and his punishment assessed at confinement in the state penitentiary for a term of one year.

The record is before us without a statement of facts or bills of exception. No defect either in the'indictment or procedure has been pointed out or has been perceived. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

On Motion for Rehearing.

MORROW, Presiding Judge.

The motion for rehearing is based upon the statement that appellant has not been financially able to obtain copies of the transcript, but that he can obtain the transcript by the 31st day of May, 1934; that is to say, he can have the statement of facts and bills of exception on file by that time. Unfortunately, the time has elapsed within which the bills of exception and statement of facts can be considered. The statute, article 760', O. C. P. 1925, provides that the statement of facts must be filed within ninety days after notice of appeal is given. Likewise, the bills of exception, if filed within the time sought by appellant, would be too late to authorize this court to consider them.

The motion for rehearing is overruled.  