
    DEW v. STATE.
    (No. 12310.)
    Court of Criminal Appeals of Texas.
    Feb. 6, 1929.
    Ross Huffmaster, of Kaufman, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   HAWKINS, J.

A trial for assault to murder resulted in conviction for aggravated assault, with punishment assessed at a fine of $50 and 30 days’ imprisonment in jail.

The motion for new trial was overruled on the 18th day of July, at which time notice of appeal was given. Under the provisions of article 760, O. C. P. 1925, the statement of facts must be filed in the trial court not later than 90 days after notice of appeal. Such time expired on the 16th day of October. The statement of facts was not filed until November 12th, which was more than 90 days after adjournment of court. Our state’s attorney calls attention to the delayed filing in a motion to strike the statement of facts from the record. The statement of facts cannot be considered.

There are 14 bills of exception in the record. All have been examined. They relate to the admission of evidence. The recitals of fact in the bills of exception do not disclose error.

The judgment is affirmed.  