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46 S.W.2d 698

Johnson v. State

Court of Criminal Appeals of Texas

Decided January 13, 1932

Court of Criminal Appeals of Texas · decided 1932-01-13

Decided 1932-01-13

HAWKINS, J. -

¶1■ Conviction is for selling intoxicating liquor, punishment being one year in the peni-•bentiary.

¶2The record contains neither statement of facts nor bills of exception. In such condition no question is presented for review.

¶3•The judgment is affirmed.

¶4On Motion for Rehearing. '

BATTIMORE, J.

¶5Appellant makes an appealing motion, asserting that she has now on file a statement of facts, which we are asked to consider. There appears in the record a statement of facts which was filed in the trial court on’ February 8, 1932. Appellant’s notice of appeal herein was given on November 4, 1931. Computation shows that the ninety days allowed by statute, after the giving of notice of appeal, in which a statement of facts may be filed, expired February 2, 1932. We regret that we cannot consider the statement of facts.

¶6The motion for rehearing will be overruled.

MORROW, P. J., absent.
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