
    COURSER v. STATE.
    (No. 10507.)
    (Court of Criminal Appeals of Texas.
    Feb. 9, 1927.)
    1. Criminal law <5&wkey;l.099(6) — Statement of facts cannot be considered, where filed after 90-day statutory time limit from notice of appeal (Code Cr. Proc. 1925, art. 760).
    Where the statement of facts was not filed within 90 days from the notice of appeal, according to the mandate of Code Cr. Proc. 1925, art. 760, appellate court cannot consider it.
    2. Criminal law &wkey;>!092(7) — Bills of exception, not filed until after 90 days from notice of appeal, cannot be considered (Code Cr. Proc. 1925, art. 760).
    Appellate court cannot consider bills of exception not filed within 90 days from notice of appeal, according to provisions of Code Cr. Proc. 1925, art. 760.
    Appeal from District Court, Palo Pinto County; J. B. Keith, Judge.
    Louis Courser was convicted of possessing intoxicating liquor for the purpose of sale, and he appeals.
    Affirmed.
    Ritchie & Ranspot, of Mineral Wells, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   HAWKINS, J.

Conviction is for possession of intoxicating liquor for the purpose of sale; punishment being confinement in the penitentiary for three years.

The motion for new trial was overruled, and notice of appeal given on the 12th day of May, 1926, at which time the court gave 60 days in which to file statement of facts and bills of exception. Before the expiration of this 60 days an order was made by the court giving an additional 30 days for such filing. Court adjourned on the 29th day of May. We infer that the court and counsel were proceeding upon the theory that the time for filing began to run with the adjournment of court. The Revised Code of Criminal Procedure of 1925, art. 760, was in effect when the case was tried. It provides as follows:

“A statement of facts in a felony case filed within SO days from the date the notice of appeal is given shall be considered as having been filed within the time allowed by law for filing same, * * * upon good cause shown, the judge trying the cause may extend the time in which to file a statement of facts and bills of exception, and shall have the power in term time or vacation, upon the application of either party for good cause, to extend the several times for the preparation and filing of the statement of facts and bills of exception, but the same shall not be so extended as to delay the filing thereof within 90 days from the date the notice of appeal is given.”

In the present case the 90 days from notice of appeal expired on August 10th. The statement of facts was not filed in the lower court until the 24th day of August, 104 days from the date of notice of appeal. The hills of exceptions were not filed until the 14th day of August, 4 days after the expiration of the time allowed by law.

We regret that we cannot consider either the statement of facts or the bills of exception. Holden v. State, 98 Tex. Cr. R. 592, 267 S. W. 275; Johnson v. State, 104 Tex. Cr. R. 384, 283 S. W. 807; Bailey v. State, 104 Tex. Cr. R. 150, 282 S. W. 804.

The judgment is affirmed. 
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