Court of Criminal Appeals of Texas, 1932

Johnson v. State

Johnson v. State
Court of Criminal Appeals of Texas · Decided January 13, 1932 · Battimore, Hawkins, Morrow
46 S.W.2d 698; 1932 Tex. Crim. App. LEXIS 923 (South Western Reporter, Second Series)

Johnson v. State

Opinion of the Court

HAWKINS, J. -

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

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

•The judgment is affirmed.

070rehearing

On Motion for Rehearing. '

BATTIMORE, J.

Appellant 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.

The motion for rehearing will be overruled.

MORROW, P. J., absent.

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