¶1The conviction is for murder without malice; the punishment, 5 years in the penitentiary.
¶2Notice of appeal was given and sentence was pronounced on April 9, 1951. The 90 days allowed by law for the filing of the statement of facts therefore expired on July 8, 1951.
¶3The statement of facts, not having been filed until July 9, 1951, cannot be considered. See Huber v. State, 151 Tex.Cr.R. 306, 207 S.W.2d 383; Tuck v. State, Tex.Cr.App., 231 S.W.2d 436; Bichon v. State, Tex.Cr.App., 230 S.W.2d 812.
¶4In the absence of a statement of facts, we are unable to appraise the bill's o>£ exception.
¶5No reversible error appearing, the judgment is affirmed.
¶6Opinion approved by the court.