10 S.W.2d 567 | Tex. Crim. App. | 1928
Appellant was charged by indictment with theft of property over the value of $50.00. He was convicted of misdemeanor theft and his punishment assessed at confinement in the county jail for sixty days.
His motion for new trial was overruled on December 31st and he was granted ninety days from that date in which to file bills of exception and statement of facts. This time expired March 30th. On that date the trial judge made an order in which he attempted to grant an additional ten days. This order was without authority of law and ineffectual. The court had no power to extend the time beyond the ninety days. Art. 760, Subd. 5, C. C. P., Retza v. State, 95 Tex.Crim. R.,
The only bill of exception in the record attempts to bring forward for review all the matters set up as grounds of the motion for new trial. Even if it could be considered it is insufficient. Holt v. State, 98 Tex.Crim. R.,
The judgment is affirmed.
Affirmed. *401