
    HARRISON v. STATE.
    (Court of Criminal Appeals of Texas.
    June 18, 1913.
    Rehearing Denied June 27, 1913.)
    Criminal Law (§,§ 1092, 1099) — -Appeal-Statement of Pacts — Bills of Exception —Time of Filing.
    Where accused was convicted at a term which lasted more than eight weeks, and upon the overruling of his motion for new trial on August 26th the court granted him 30 days’ additional time’ in which to file his bills of exception and a statement of facts, a statement of facts and bills of exception not filed until the last of November cannot be considered, because coming too late; accused only having the 30 days allowed by law and the 30 days additional allowed by the court in which to file those instruments.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2803, 2829, 2834-2861, 2866-2880, 2919; Dec. Dig. §§ 1092, 1099.]
    Appeal from District Court, Tarrant County; R. H. Buck, Judge.
    Ernest Harrison, alias Ernest Harris, was convicted of murder, and he appeals. -
    Affirmed.
    G. R. Lipscomb, of Ft. Worth, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
       For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   PRENDERGAST, J.

Appellant was indicted for murder in attempted robbery. He was convicted of murder in the first degree, and the death penalty inflicted.

This is a companion ease with that of Paul Fowler, 158 S. W. 1117, which we decided June 11th inst. The cases are as much alike as two cases could possibly be. The appellant and said Fowler were together, and acted 'together in the attempted robbery and murder.

The motion for new trial was heard and overruled in this as in the Fowler Case on August 26, 1912. The only order of the court extending the time beyond 30 days allowed by law for filing bills of exceptions was made and entered on August 26,1912, the same day on which the motion for a new trial was overruled. That order grants 30 days’ additional time to prepare and file bills of exceptions. The law allowed 30 days only for filing bills of exceptions. The utmost time, therefore, allowed by this order was 30 days additional, which would be 60 days from August 26,1912. October 25th, therefore, was the latest date authorized by this order to file bills of exceptions. They were not filed until November 21st, 27 days too late. The statement of facts was not filed until November 29th, the same day on which the statement of facts in the Paul Fowler Case was filed.

It is useless to discuss any of the questions attempted to be raised in this case, because such of them as could be considered were discussed and decided in the Fowler Case.

As the death penalty was inflicted in this, as in the Fowler Case, notwithstanding we could not consider the statement of facts, we have carefully read what is filed as such statement. Even if we could consider it, in our opinion it unquestionably and without doubt clearly shows the guilt of the appellant, and authorized the jury to convict him and inflict the death penalty.

The judgment herein will be affirmed.  