
    SMITH v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 12, 1913.)
    Criminal Law (§ 1099) — Statement of Facts — Time op Filing.
    A statement of facts must be filed in the lower court within 90 days after adjournment, and hence a statement of facts not filed until September 17th comes too late to be considered on an appeal from a judgment convicting- accused of murder at a term which adjourned May 30th.
    [Ed.' Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2866-2880; Dec. Dig. § 1099.]
    Appeal from District Court, Camp County ; R. W. Simpson, Judge.
    Hamp Smith was convicted of murder in the second degree, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other eases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   PRENDBRGAST, J.

Under an indictment and trial for murder, appellant was convicted of murder in the second degree, and his punishment fixed at the lowest prescribed by law — five years’ confinement in the penitentiary.

The court at which he was tried adjourned May 30, 1913. The record proper was filed in this court on August 28, 1913, just within the 90 days within which the law requires such records to be filed. There is found with the file what purports to be a statement of facts, but it shows that it was not filed in the lower court at all and not filed in this until September 17, 1913. The law requires that statements of facts shall be filed in the lower court within 90 days from the adjournment of the court. Hence this purported statement we find with the files cannot be considered by us as a statement of facts in the case. There is no question raised or attempted to be raised that we can consider in the absence of a statement of facts.

The judgment is affirmed.  