Opinion
No. 12788.
Delivered November 20, 1929.
Appeal — Statement of Facts and Bills of Exceptions — Time of Filing.
The time for filing statement of facts and bills of exceptions may not be extended by the trial court beyond the ninety day period provided by the Statute, Art. 760, C. C. P.
Appeal from the District Court of Lubbock County. Tried below before the Hon. Clark M. Mullican, Judge.
Appeal from a conviction for bigamy, penalty two years in the penitentiary.
The opinion states the case.
L. D. Griffin of Plainview and Fred C. Pearce of Lubbock, for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
The offense is bigamy; the punishment confinement in the penitentiary for two years.
Notice of appeal was entered on the twenty-sixth day of October, 1928. The statement of facts and bills of exception were filed in the trial court on January 25, 1929, which was more than ninety days after notice of appeal was given. The trial court granted appellant ninety days from the adjournment of court in which to file bills of exception and statement of facts. The time for filling bills of exception and statement of facts may not be extended by the trial court beyond the ninety day period provided by statute. Art. 760, C. C. P.; Tillar v. State, 13 S.W.2d 368. The statement of facts and bills of exception were filed too late to be entitled to consideration by this court. Steelman v. State, 291 S.W. 549.
The judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.