
    NEWSOME v. STATE.
    (Court of Criminal Appeals of Texas.
    Jan. 14, 1914.)
    Criminal Law (§§ 1092, 1099*) — Appeal-Statement on? Facts — Bill op Exceptions —Piling—Time.
    Where appellant’s statement of facts and bills of exception were not filed within 20 days after adjournment of court, they were too late, and could not be considered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2803, 2829, 2834^-2861, 2S66-28S0, 2919; Dec. Dig. §§ 1092, 1099.*]
    Appeal from Wichita County Court; C. B. Felder, Judge.
    John Newsome was convicted of aggravated assault, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   DAYIDSON, J.

Appellant was convicted of an aggravated assault; his punishment being assessed at a fine of $500.

The statement of facts and bills of exception were filed more than 20 days after adjournment of court. The Assistant Attorney General calls the attention of the court to the fact that the statement of facts was filed too late; that under the decisions it was necessary that the evidence be filed before the expiration of 20 days in order to be considered. Under the decisions of this court this proposition is well taken, and must be sustained. The writer, however, is of the opinion that, since the enactment of the Revised Statutes of 1911, as well as under the act of 1911, the general session acts, the accused is allowed 30 days, even without an an order for that purpose. The majority of the court, however, does not agree with that proposition as being correct. Without the statement of facts there is nothing this court can consider.

The judgment therefore will be affirmed.  