
    DECHERD v. STATE.
    (No. 9763.)
    (Court of Criminal Appeals of Texas.
    Feb. 3, 1926.
    Rehearing Denied April 28, 1926.)
    Criminal law <Sa=ol095 — Bills of exception, filed almost month after expiration of last of successive periods of 60, 20, and 10 days granted defendant for filing, will be stricken from record on motion.
    Where defendant was granted 60 days in which to file bills of exception, and subsequent extensions of 20 days and 10 days respectively, but did not file bills of exception until almost month after expiration of last extension, motion to strike them from record must be sustained.
    Appeal from Criminal District Court, Dallas County; Felix D. Robertson, Judge.
    E. A. Decherd was convicted of forgery of a note, and he appeals.
    Affirmed.
    A. S. Broadfoot, Baskett & De Lee, and D. L. Whitehurst, all of Dallas, for appellant.
    Shelby Cox, Cr. Dist. Atty., and R. G. Storey, Sp. Asst. Cr. Dist. Atty., both of Dallas, Sam D. Stinson, State’s Atty., of Austin, and Nat. Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   HAWKINS, J.

Conviction is for forgery of a vendor’s lien note, with punishment fixed at six years in the penitentiary.

, The indictment alleges that, with intent to injure and defraud, appellant forged a vendor’s lien note for $1,250, which purported to have been executed by Henry' Dannelly, payable to Geo. T. Vickers, in part payment for lot 6, in block No. 1, of R. B. Parks subdivision of block 1405 in the city of Dallas; it further alleges that the forged instrument related to and affected an interest in land in the state of Texas, and, if true, would have affected the title to land.

The prosecution grew out of the same transaction reflected in- cause No. 9762, against the same appellant, 283 S. W. 168, this day decided. The $1,250 note mentioned in the opinion in that case is the note here alleged to have- been forged. The indictment is attacked upon the same grounds fully set out in the opinion in the other case. Disposition is made of the complaints as announced in cause No. 9762, 283 S. W. 168.

The motion for new trial was overruled on March 23d, and 60 days allowed in which to file statement of facts and bills of exception, which time expired on May 22d. An order of extension for 20 days was granted on May 22d, which extension expired June 12th. On June 11th the court allowed 10 days’ further extension of time, which expired on June 22d. The bills of exception found in the record were not filed until -July 20th, practically a month after the last extension of time had expired. Under these conditions the state’s motion to strike the bills of exception from the record must be sustained.

The facts support the judgment, and, finding no error, an affirmance is ordered.

On Motion for Rehearing.

LATTIMORE, J.

Appellant insists that, even if we cannot consider his bills of exception because filed too late, there were exceptions taken to the charge of the court which are in condition for consideration. The first exception so taken went' to the court’s charge in the matter of submitting the general fraudulent indent of the appellant,. and, if the court is correct in its conclusion that the indictment is sufficient, the charge is not open to the objection made. Several of the exceptions taken to the charge would depend for their soundness upon some showing of facts which might be made to appear in a bill of exceptions complaining of the charge, but are not shown by the mere exceptions to the court’s charge. We have examined the exceptions taken, and are of opinion that none of them are of such character as to make the matters complained of sufficient to cause this court to reverse the case because of any error of the trial court complained of.

The question again raised here as to the sufficiency of the indictment is the same as that raised in the companion case of Decherd v. State, 283 S. W. 168, this day decided.

' The motion for rehearing will be overruled. 
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