
    Will McDOWELL, Sr., v. STATE.
    (No. 8891.)
    (Court of Criminal Appeals of Texas.
    May 20, 1925.)
    Commissioners’ Decision. Appeal from Criminal .District Court, Travis County; James R. Hamilton, Judge.
    Dickens & Dickens, of Austin, for appellant. Tom Gar-rard, State’s Atty., and Grover O. Morris, Asst. State’s Atty., both of Austin, for the State.
   BERRY, J.

Appellant was convicted in the district court of Travis county for unlawfully manufacturing intoxicating liquor, and his punishment assessed at confinement in the penitentiary for one year. There is but one bill of exception in the record, and same cannot be considered, for the following reason: Appellant’s motion for a new trial was-overruled on March 26th, from- which date appellant was-allowed 80 days in which to file his bill of exceptions and statement of facts. This time expired on June 15, 1924, and the bill of exceptions was not filed until June 16, 1924, or one day after the time allowed for filing same had expired. There are no exceptions to the charge of the court, and nothing raised in the record-that we would be warranted in considering, and, the facts being sufficient to support the judgment, it is our opinion that the same should-in all things be affirmed.

PER CURIAM. The foregoing opinion of the-Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and1 approved by the court.'  