
    SEBEDRA v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 8, 1911.)
    Appeal and Error (§ 564) — Record—Statement op Facts — Filing.
    A statement of facts, not filed within the time as extended, will be stricken out, in the absence of any showing of a further extension, or any excuse for the failure to duly file the statement.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2501-2506, 2555-2559; Dec. Dig. § 564.]
    Appeal from District Court, El Paso Coun.ty; James R. Harper, Judge.
    Carlos Sebedra was convicted of burglary, ■and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases sec same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

Appellant was convicted of robbery; his punishment being assessed at five years’ confinement in the penitentiary.

The Assistant Attorney General moves to strike out the statement of facts. There are no bills of exception in the record. We are of opinion that the statement of facts should not be considered. The court adjourned on the 29th of April, 30 days being allowed in which to file the statement of facts and bills of exception. This was not done within the time allowed, and an extension of 10 days was granted on the 29th of May. This expired on the night of the 8th of June. The statement of facts was not filed until the 13th of June. The record fails to show that any further extension of time was ordered, and there is nothing in the record to indicate why the statement of facts was not filed within the time allowed. The motion of the Assistant Attorney General, therefore, is well taken. Eliminating the statement of facts, the record presents no error for which it requires a reversal.

The judgment is therefore affirmed.  