
    CRAVEN v. STATE.
    (No. 12580.)
    Court of Criminal Appeals of Texas.
    April 10, 1929.
    E. J. Conn and John S. Redditt, both of Lufkin, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   HAWKINS, J.

Conviction is for theft of a hog; punishment being 2 years in the' penitentiary.

The term of court at which appellant was tried adjourned on the 22d dáy of December. The motion for a new trial was overruled and notice of appeal given on the 8th day of December, at which time the court entered an order granting appellant 90 days from “adjournment” of court to file his statement of facts. Under the provision of subdivision 5, art. 760, C. C. P., the time for filing statement of facts cannot be extended beyond 90 days from the time “notice of appeal” is given. The state’s attorney calls our attention to the fact that the statement of facts in the present ease was not filed in the lower court until the 25th day of March, which was 107 days after notice of appeal and 94 days after the adjournment of court. The statement of facts cannot be considered.

No bills of exception are brought forward.

The judgment is affirmed.  