
    MUELLER v. STATE.
    (Court of Criminal Appeals of Texas.
    March 15, 1911. )
    CRIMINAL Law (§ 1099*) — Appeal — Statement of Facts — Time for Filing.
    Acts 31st Leg. c. 39, providing for the appointment of official stenographers in certain -district courts, and that upon such appointment the other provisions of the act shall apply, section 7 of which provides that, when appeal is taken from a judgment in a district or county -court, the parties shall have 30 days after the •adjournment of the term in which to prepare and file a statement of facts, repealed Acts 30th Leg. c. 24, providing for the appointment of official stenographers for district courts, but did not repeal chapter 7, providing that parties to ra cause in the district, or county court may, by having an order entered to that effect on the docket, be granted 20 days after adjournment of the term to present and have filed a statement of facts, which act remains in force as to county courts and to district courts not appointing ■official reporters under Acts 31st Leg. c. 39; -and in a county court case, where the term adjourned October 11th and the statement of facts was not filed until November 9th, such statement cannot be considered on appeal.
    [Ed. Note. — For other cases, see Criminal Law, 'Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.]
    Appeal from Stephens County Court; W. *C. Veale, Judge.
    Adolph Mueller was convict-ed of unlawfully and willfully leaving open a gate leading into an inclosure belonging to another, .-and he appeals.
    Affirmed.
    W. P. Sebastian, for appellant. C. E. 'Lane, Asst. Atty. Gen., for the State.
    
      
      For. other.cases see same topic and section NUMBER. in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant, upon information and complaint, was tried and convicted in the county court of Stephens county, charged with the offense of unlawfully and willfully leaving open a gate leading into an inclosure belonging to another.

The appellant strenuously insists that the testimony in this case is wholly insufficient to sustain the conviction. As this is the only error presented, it is to be regretted that this court cannot review the evidence. The statement of facts was not filed within 20 days after the adjournment of court This is a county court case, and the Acts of the 3„0th‘ Legislature, c. 7, p. 446, provides that parties to a cause may, by having an order entered to that effect on the docket, be granted 20 days after adjournment of the term at which said cause may be tried to present and have filed a statement of facts, etc. The court in this case adjourned on the 11th of October, and the statement of facts was not filed until November 9th, more than 20 days having elapsed; and the court, under this article, did not have authority to grant more than 20 days.

By many it seems to have been thought that chapter 39 of the Acts of the 31st Legislature, p. 374, repealed chapter 7^ the Acts of the 30th Legislature. By referring to that act it will be seen that it repeals only chapter 24 of the Acts of the 30th Legislature (the stenographers’ act), providing for their appointment, etc. In the Acts of the 31st Legislature, in section 1, it is provided that the terms of the latter law apply only in the event of the appointment of a court stenographer. In this law there is no provision for the appointment of a court stenographer in criminal cases tried in county court. By its terms it only applies to and authorizes the appointment of stenographers in criminal cases in district courts.

Not being permitted to review the statement of facts, the case is affirmed.  