
    NORTHINGTON v. STATE.
    (No. 10508.)
    (Court of Criminal Appeals of Texas.
    Dec. 22, 1926.)
    1. Criminal law i&wkey;>!099(6) — Trial court cannot extend time for filing statement of facts beyond 90 days from entry of notice of appeal.
    - Trial court has not power to extend time for filing statement of facts beyond 90 days from date of entry of'notice of appeal.
    2. Criminal law &wkey;I Í70'/2(3)— Unanswered question to which objection was sustained, whether defendant was seeking to avoid arrest, held not reversible error.
    In prosecution for selling intoxicating liquor, unanswered question, to which objection was sustained, whether witness, when seen by defendant, “was on the dodge up there,” held not reversible error, there being testimony that defendant avoided arre’st.
    3. Witnesses <&wkey;398(3) — Cross-examining defendant concerning flight, and contradiction of his denial, held not error.
    Cross-examining' defendant, charged with selling intoxicating liquor, whether he attempted to run off when officers came to arrest him, and, on his denial, showing such facts by the officer, held not error, since flight -is provable as a guilty circumstance, and defendant, on denial of flight, may be contradicted.
    Appeal from District Court, Palo Pinto County; J. B. Keith, Judge.
    
      Wayne Northington was convicted of selling intoxicating liquor, and he appeals.
    Affirmed.
    See, also, 279 S. W. 820.
    Ritchie & Ranspot, of Mineral Wells, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Róbt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

Conviction in district court of Palo Pinto county of selling intoxicating liquor; punishment, one year in the penitentiary.

Attention is called by the state’s attorney to the fact that the statement of facts herein was filed too late for consideration. The court overruled appellant’s motion for new trial on May 3, 1926, on which date notice of appeal was given. The statement of facts was filed in the office of the district clerk of Palo Pinto county August 24, 1926. This was more than 2 weeks after the expiration of the time allowed by law for such filing. The trial court has no power to grant an extension of time for such filing which will take it beyond 90 days from the date of the entry of the notice of appeal.

The record contains four bills of exception. The first complains of the action of the court in permitting the district attorney to ask witness Sims, “where is Bay Wilson now?” There are no facts certified to in the bill which make evident to rjs any error in the asking of the question or in the answer thereto.

The second bill of exceptions complains of the action of the district Attorney in asking a witness if it was not a fact that appellant, when seen by the witness near Olney, “was on the dodge up there.” The question was not answered, but objection thereto was sustained. There is testimony showing that appellant avoided arrest. We do not believe that the asking of the question was such error as would call for a reversal.

Another bill of exceptions complains because the state was allowed to ask appellant, when testifying in his own behalf, if it was not true that, when the officers came to arrest him, they had to draw a pistol on him in order to stop him; if he did not tell the officer “good-by,” and start to run off; and that the state was permitted, upon appellant’s denial of such facts, to show by the officer that same were true. The flight of one charged with crime may become a material fact in determining his guilt, and -is provable as a guilty circumstance. One accused of crime, who upon his trial denies such flight, may be contradicted by subsequent proof of the fact that he did endeavor to escape.

There is a bill of exceptions to the overruling of appellant’s motion for new trial, but ■ said motion was not based upon any proposition calling for a hearing upon the facts, and presents no issue for us to decide, other than the correctness of the court’s action in the actual trial, and said bill of exceptions manifests no error.

Being unable to agree with any of the contentions of appellant, and finding no error in the record, the judgment will be affirmed. 
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