
    DYER v. STATE.
    (No. 6173.)
    (Court of Criminal Appeals of Texas.
    March 23, 1921.)
    Criminal law <@=>1182 — Conviction affirmed, in absence of statement of facts and bill of exceptions.
    Complaint, information, and judgment in the case appearing to he regular, and there being nothing subject to review by the court, in the absence of a statement of facts or bills of exceptions, the judgment will be affirmed on appeal.
    Appeal from Dallas County Court at Law; W. N. Coombes, Judge.
    M. E. Dyer was convicted of aggravated assault, and appeals.
    Affirmed.
    R. H. Hamilton, Asst. Atty. Gen., for the State.
   HAWKINS, J.

The appellant was convicted of aggravated assault and his punishment assessed at 30 days’ confinement in the county jail.

This case was tried on June 21, 1920. Motion for new trial was overruled on June 29, and 60 days from the adjournment given in which to file statement of facts and' bills of exceptions. Court adjourned July 10, 1920. On September 8 appellant requested and was granted an extension of 15 days’ additional time in which to file his statement of facts and bills of exceptions, which would have carried it. to September 23, 1920. No bills of exceptions or statement of facts appear in the record even up to this time. The transcript was certified to by the clerk on February 4, 1921, and filed in this court on February 5, 1921, only lacking 5 days of being 7 months from the adjournment of the trial court to the filing of the record in this court.

The delay in filing appeal records in this court is unpardonable, and such delay ought not to occur. The complaint, information, and judgment in the case appearing to be regular, and there being nothing subject to review by this court, in the absence of a statement of facts or bills of exceptions, the judgment of the trial court is affirmed.  