
    McKINNEY v. STATE.
    (No. 11411.)
    Court of Criminal Appeals of Texas.
    March 7, 1928.
    Criminal law <©=>!099(6)— Unexplained failure to file statement of facts within 90 days granted held to prevent consideration of statement on appeal.
    Statement of facts, not filed within 90-day period granted for filing, could not be considered on appeal, where no excuse for delay was shown.
    Appeal from Criminal District Court, Tar-rant County; Geo. E. Hosey, Judge.
    John McKinney was convicted of murder, and be appeals.
    Affirmed.
    Harvey P. Sbead, of Port Worth, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   HAWKINS, J.

Conviction is for murder; punishment being assessed at 99 years in the penitentiary. No bills of exception complaining of any proceedings during the trial are found in the record.

The motion for new trial was overruled on the 28th day of June, and 90 days granted for filing statement of facts and bills of exception. The 90 days expired on the 26th day of September. The statement of facts was filed in the lower court on the 18th day of October. No excuse for the delay is shown. Under such circumstances, the statement of facts cannot be considered.

In the condition we find the record, nothing is presented for review, and the judgment must be affirmed, and it is so ordered.  