¶1Assault with intent to murder with malice is the offense; the punishment, nine years in the penitentiary.
¶2The statement of facts accompanying this record does not show to have been filed in the trial court. It is therefore not subject to be considered by this court.
¶3In the absence of a statement of facts, nothing is presented for review.
¶4The judgment is affirmed.
¶5On Motion for Rehearing.
¶6Appellant has now filed the joint affidavit of the Judge of Criminal District Court No. 3 and the Clerk of Criminal District Court Ho. 3, wherein it is shown that the original statement of facts was filed with the clerk of the trial court on April 9, 1959.
¶7Notice of appeal was given on December 30, 1958.
¶8It is required by art. 759a, Vernon’s Ann. C.C.P., that the statement of facts be filed with the clerk of the trial court within ninety days after the date of giving notice of appeal.
¶9The statement of facts was filed more than ninety days after the giving of notice of appeal, therefore it cannot be considered.
¶10There are no formal bills of exception.
¶11Appellant’s motion for rehearing is overruled.
¶12Opinion approved by the Court.