
    CADRIN v. STATE.
    No. 17832.
    Court of Criminal Appeals of Texas.
    Jan. 15, 1936.
    Eugene H. Murphy, of Longview, for appellant.
    Lloyd W. Davidson, State’s Atty.,' of Austin, for the State.
   CHRISTIAN, Judge.

The offense is polluting a water course; the punishment, a fine of $100.

The trial court adjourned May 13, 1935. Under article 760, C.C.P., the time allowed by law for filing the statement of facts in a misdemeanor case, in the absence of an extension of time by order of the court, is 30 days after the day of the adjournment of court. Adams v. State (Tex.Cr.App.) 70 S.W.(2d) 172; Elbury v. State, 114 Tex.Cr.R. 269, 25 S.W.(2d) 846; Stewart v. State, 108 Tex.Cr.R. 661, 2 S.W.(2d) 440. On the 15th of June, 1935, appellant filed a statement of facts in the trial court, which said statement was in question and answer form. The statute demanded that it be in narrative form. Article 760, C.C.P., as amended (Vernon’s Ann.C.C.P. art. 760); Adams v. State (Tex.Cr.App.) 72 S.W.(2d) 248. At all events, it was filed more than 30 days after the adjournment of the court.

On the 10th of July, 1935, the trial judge entered an order extending the time in which the statement of facts might be filed. It is apparent that this order was entered more than 30 days after the adjournment of court. To be effective, it should have been made before the expiration of said 30 days. Stewart v. State, supra. On August 5, 1935, appellant filed in the trial court a statement of facts in narrative form. It is manifest that it was filed too late and cannot be considered. No sufficient reason is shown why it was not filed within the time required by the statute.

Gribble v. State, 85 Tex.Cr.R. 52, 210 S.W. 215, 3 A.L.R. 1096, and Sims v. State, 91 Tex.Cr.R. 469, 239 S.W. 974, are not authority for holding that the statement of facts herein was filed in time. The statutes construed in said cases accorded the same time for filing statement of facts in misdemeanor cases as was prescribed in cases of felony. See chapter 39, Acts 1909, First Called Session, and chapter 119, Acts 1911, p. 264. When the crjminal statutes were revised in 1925, the Legislature enacted article 760, C.C. P., which, among other things, provides that a statement of facts in a felony case filed within 90- days from the date notice of appeal is given shall be considered as having been filed within the time allowed by law for filing same. Under the terms of said article, as we have already observed, the time allowed for filing the statement of facts in a misdemeanor case, in the absence of an extension of time by order of the trial court, is 30 days after the day of adjournment of said court.

No bills of exception are brought forward.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  