
    GONZALES v. STATE.
    (No. 9195.)
    (Court of Criminal Appeals of Texas.
    June 17, 1925.)
    1. Criminal law <§=>1099 (7) — Statement of facts not approved nor filed within required time not considered.
    Statement of facts which was not presented nor approved by trial judge until long after 90 days granted in which to file it cannot be considered by Court of Criminal Appeals.
    2. Criminal law <§=>1091(11) — Bill of exceptions in question and answer form not considered.
    Bill of exceptions in question and answer form will not be considered.
    Appeal from Criminal District Court, Cameron County; A. W. Cunningham, Judge.
    Manuel Gonzales was convicted of possessing intoxicating liquor for purpose of sale, and appeals.
    Affirmed.
    E. T. Yates, of Brownsville, for appellant. Tom Garrard?, State’s Atty., and Grover C. Morris, Asst State’s Atty., both of Austin, for the State.
   HAWKINS, J.

Conviction is for possessing intoxicating liquor for the purpose of sale; punishment, five years in the penitentiary.

The trial court adjourned on the 11th day of October. Ninety days from adjournment was granted in which to file statement of facts and bills of exception. The statement of facts was not presented to nor approved by the trial judge until May 5th, although it bears file mark in the court below of date April 28th. The .statement of facts can have no consideration by this court, because the 90 days had expired- long before it was approved or filed.

Bill of exceptions No. 1 consists entirely of questions and answers, and will not be considered in such form.

The only other bill in the record cannot be appraised in the absence of the facts proven on the trial.

The judgment is affirmed.  