Teague v. State

253 S.W.2d 276, 158 Tex. Crim. 83, 1952 Tex. Crim. App. LEXIS 1360

Opinions

BEAUCHAMP, Judge.

Appellant was assessed a penalty of four years in the penitentiary upon his conviction for murder without malice.

The appeal was originally filed in this court on June 5, 1952. We find a supplemental transcript filed on September 18, 1952, and another filed October 4th, 1952, From these it develops that notice of appeal was given on May 2, 1952, and 109 days thereafter the statement of facts and bills of exception were filed with the clerk of the district court. This was 19 days after the time had expired for their filing. The statement of facts and bills of exception cannot be considered and nothing is presented in the transcript for our consideration.

The judgment of the trial court is affirmed.