
    PHILLIPS v. STATE.
    (Court of Criminal Appeals of Texas.
    Dec. 3, 1913.)
    Criminal Law (§§ 1095, 1102*) — Statement or Facts — Timis op Filing.
    A statement of facts and bills of exception, not filed until 60 days after the adjourning of court in a misdemeanor prosecution, will be stricken on motion, in view of the stenographer’s act of 1911.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2847; Dec. Dig. §§ 1095, 1102.*]
    Appeal from Upshur County Court; W. H. McClelland, Judge.
    E. Phillips was convicted of false imprisoning, and appeals.
    Affirmed.
    Warren & Briggs, of Gilmer, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was prosecuted and convicted of the offense of false imprisoning one W. O. Hayles, and his punishment assessed at a fine of $200, and 90 days’ imprisonment in the county jail.

The term of county court at which he was tried adjourned May 28, 1913, while the bills of exceptions and statement of facts were not filed until July 30, 1913, 60 days after the adjournment of court. This being a misdemeanor conviction, the motion of the Assistant Attorney General to strike out the statement of facts and bills of exceptions must be sustained. This question has been so thoroughly discussed in a number of opinions since the passage of the stenographers’ act in 1911 (Laws 1911, c. 119), we do not deem it necessary to do so again. Durham v. State, 155 S. W. 222; De Friend v. State, 153 S. W. 881. The opinions in both those cases were handed down before the convening of the Upshur county court.

The motion for new trial contains no ground that we can review, in the absence of a statement of facts.

The judgment is affirmed.  