Lead Opinion

The appellant was convicted in the District Court of Victoria County for unlawfully aiding a prisoner to escape from custody of an officer and his punishment assessed at two years in the penitentiary.

The record is before us without any bills of exception. It appears that the term of the district court in which the appellant was convicted adjourned on the 28th day of May, 1925, and he Was allowed ninety days within which to prepare and file a statement of facts. There appears what purports to be a statement of facts filed in the district court of said county on October 12, 1925, forty-four days after the time had elapsed for filing same. There is not sufficient excuse or reason shown in the record which would authorize this court to consider a statement of facts filed after the time had expired allowed by law and under the Statutes and the decisions of this court, we are precluded from considering the same. Hart v. S. 83 Tex. Crim. 87; Vastine v. S., 84 Tex.Crim. Rep.. The indictment and charge of the court being regular and there being no error of record shown, we are of the opinion that the judgment of the trial court should be affirmed and it is accordingly so ordered.

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.

Addendum

At a former day of this term we refused to consider the statement of facts in this case because same was not filed within the time fixed by law. Under this showing made on motion for rehearing, we have decided now to consider same.

Appellant complains of the refusal of the court to give to the jury his special charges 1 and 2. There is nothing in either of said charges showing when same were presented to the court, whether before or after the court read his general charge to the jury as required by the Statutes governing such matters, and for that reason we are unauthorized to consider same. Art. 659 Cow. C. P. of the 1925 Penal Code; Art. 737 of Vernon's C. C. P. *Page 279

There are no bills of exception in the record, nor objections to the court's charge, and failing to find any error in the trial of this case the motion for rehearing is refused and the judgment of the trial court is 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.