
    McGOWEN v. STATE.
    (Court of Criminal Appeals of Texas.
    May 10, 1911.
    Rehearing Denied June 23, 1911.)
    Cbiminal Law (§ 1092*) — Appeal — Statement op Facts — Bill op Exceptions — Filing — Time.
    Where accused was tried in county court, where there was no court stenographer, the court had no power to extend the time for filing bills of exception and the statement of facts longer than 20 days after adjournment.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2857-2860; Dec. Dig. § 1092.*]
    Appeal from Nacogdoches County Court; F. P. Marshall, Judge.
    Lizzie McGowen was convicted of violating the prohibition law, and she appeals.
    Affirmed.
    V. E. Middlebrook, for appellant.
    C. E. Lane, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

The appellant was convicted under a complaint and information charging her with a violation of the prohibition law.

■There is in the record what purports to be a statement of facts, which was filed more than 20 days after the adjournment of court. It was a county court case, and there was no court stenographer. There is also in the record an order of the court allowing 30 days after adjournment of court to file a statement of facts and bills of exception.

Tlie Assistant Attorney General lias made a motion to strike out the statement of facts and bills of exception, because filed more than 20' days after the adjournment of the court. The record shows that the bills of ex-eex^tion and statement of facts were both filed after 20 days from the adjournment of the court, but within the 30 days allowed by the order of the court. This court has uniformly held, and so often that it is unnecessary to cite cases, that in county court cases, where there is no court stenographer, the county court has not the power or authority to extend the time for filing bills of exception and a statement of facts longer than 20 days after adjournment. The motion of the Assistant Attorney General is therefore sustained, and the statement of facts and bills of exception struck out and not considered.

The complaint and information are regular, and properly charge the appellant with the commission of the offense. The charge of the court submits the case under a state of facts that would clearly authorize the conviction of the appellant, and, as we cannot consider the statement of facts and bills of exception, the judgment is affirmed.  