¶1The conviction is for aggravated assault with a motor vehicle; the punishment, a fine of $300.
¶2The record reflects that notice of appeal was given by appellant on February 24, 1964.
¶3Two separate orders were thereafter entered by the court, the last order purporting to extend the time for filing the statement of facts to July 25, 1964.
¶4Such orders were not timely made and were insufficient to extend the time for filing, under the decision in Hoskins v. State, Tex.Cr.App., 373 S.W.2d 248.
¶5The statement of facts, agreed to by counsel but not approved by the trial judge, was filed on August 3, 1964.
¶6The statement of facts, not being approved by the trial judge, cannot be considered, because it was not filed within ninety days after notice of appeal was given, as required by Art. 759a, Vernon’s Ann.C.C.P. Jackson v. State, Tex.Cr.App., 344 S.W.2d 876.
¶7It is also observed that had the court’s orders been effectual to extend the time for filing the statement of facts, it was not filed within the time prescribed therein.
¶8The record presents no formal bills of exception and the proceedings appear regular.
¶9The judgment is affirmed.
¶10Opinion approved by the court.