
    WEBB v. STATE.
    (No. 11387.)
    Court of Criminal Appeals of Texas.
    April 4, 1928.
    Criminal law <3=1092(7), 1099(6) — Bill of exception and statement of facts, not having been filed within 90 days, cannot be considered (Code Cr. Proc. 1925, art. 760).
    Where motion for new trial was overruled and notice of appeal was given on July 1, 1927, and bill of exception and statement of facts •were filed September 30, 1927, they could not be considered, since they were not filed within 90 days required by Code Or. Proc. 1925, art. 760.
    Commissioners’ Decision.
    Appeal from District Court, Wichita County ; P. A. Martin, Judge.
    Willie Wébb was convicted of theft, and he appeals.
    Affirmed.
    Daverne Somerville, of Wichita Falls, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MARTIN, J.

Motion for new trial was overruled, and notice of appeal was given in this cause on July-1, 1927. A statement of facts accompanies the record which bears no file mark. It appears to have been agreed to by counsel for state and appellant, and was approved ’and ordered filed on the 30th day of September, 1927.

Appellant’s only bill of exception was filed on the same date. Neither the bill of, exception nor statement of facts appears to have been filed within the ninety days required by law and cannot be considered. Article 760, C. C. P.; Newsome v. State, 105 Tex. Cr. R. 325, 288 S. W. 212; Clark v. State, 105 Tex. Cr. R. 490, 288 S. W. 1075; Triggs v. State, 105 Tex. Cr. R. 578, 289 S. W. 391.

No law question is presented for review. The indictment appears to correctly charge an offense over which the court had jurisdiction, and, no fundamental error appearing of record, the judgment of the trial court is affirmed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  