¶1 Appellant was given a penalty of five years for robbery. The notice of appeal was filed on November 16, 1939. Bills of exception were filed February 17, 1940, more than ninety days thereafter. We are unable to consider the bills of exception. Floyd v. State, 133 S. W. (2d) 894; Page v. State, 117 S. W. (2d) 785. See C. C. P., Art. 760, Sub. 5.
¶2 We find nothing fundamental in the record. The judgment of the trial court is affirmed.