
    MULLINS v. STATE.
    (No. 6710.)
    (Court of Criminal Appeals of Texas.
    Feb. 22, 1922.)
    Criminal law <@==>1092(8), 1099(7) — Statement of facts and bills of exceptions held not filed ini time.
    Where court in which cause was tried began on May 2d and ended September 3d, and final judgment was rendered June 27th, and 90 days thereafter were allowed to file statement of facts and bills of exceptions, a statement of facts filed November 14th and bills of exceptions filed November 13th cannot be considered, as both should have been filed on September 25th. ,
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    Tom Blullins was convicted of rape, and appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the. State.
   MORROW, P. J.

Conviction is for rape; punishment fixed at confinement in the penitentiary for a period of five years.

The court in which the cause was tried1 began on the 2d day- of May and ended the 3d day of September, (the final judgment was rendered June 27th. Ninety days thereafter were allowed in which to file the statement of facts and bills of exceptions. The statement of facts was not filed until November 14th; the bills of esceptions were filed November 12th. The law required that both should have been filed by the 25th day of September, 1921. There is no explanation of the delay, and we are not privileged to consider either the bills of exceptions or the statement of facts.

There is no fault in the indictment, nor is there any irregularity discerned in the record.

The judgment is affirmed. 
      <@=>For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     