271 S.W.2d 812 | Tex. Crim. App. | 1954
Lead Opinion
The conviction is for felony theft; the punishment, four years in the penitentiary.
Notice of appeal was given on February 10, 1954, and the statement of facts found in the record was not filed in the trial court untii May 14, 1954.
Not having been filed within the time allowed by law, we are not authorized to consider the statement of facts or the informal bills therein, and nothing is otherwise presented for review.
The judgment is affirmed.
Rehearing
On Motion For Rehearing
Appellant’s attorneys have filed an affidavit in which they state that they delivered the statement of facts herein “to counsel for the State for approval and that it was approved by them on a date unknown to appellant-, but within two weeks from February 23, 1954, and was thereupon immediately delivered to the Clerk of the Trial Court, with a request that it be filed.”
If counsel can secure a supplemental transcript supporting their assertion that the statement of facts was, in fact, delivered to the clerk in time for filing, they should do so.
Appellant’s motion for rehearing is overruled.
