Opinion
No. 1240.
Decided June 7, 1911. Rehearing Denied June 23, 1911.
Carrying Pistol — Statement of Facts.
The County Court has no power to grant thirty days after adjournment within which to file statements of fact and bills of exception. Twenty days is the limit.
Appeal from the County Court of Nacogdoches. Tried below before the Hon. F.P. Marshall.
Appeal from a conviction of unlawfully carrying a pistol; penalty, a fine of $100 and sixty days confinement in the county jail.
The opinion states the case.
V.E. Middlebrook, for the appellant.
C.E. Lane, Assistant Attorney-General, for the State.
The appellant was charged with unlawfully carrying a pistol, tried and convicted, and his penalty fixed at a fine of $100 and sixty days imprisonment in the county jail.
The Assistant Attorney-General has made a motion to strike out the statement of facts and bills of exception and not consider them because they were filed more than twenty days after the adjournment of the court. Court adjourned on February 4, 1911. The bills of exception and statement of facts were not filed until March 4, 1911. The court granted a thirty day order after adjournment of court for filing bills of exception and statement of facts. It had no power or authority to do this. Twenty days was the full time. See Davis v. State, this day decided, and authorities there cited. The motion of the Assistant Attorney-General is therefore sustained, and said statement of facts and bills of exception are struck out and not considered.
There is no other question raised in the record that can be considered without a statement of facts and bill of exceptions. The complaint and information, and proceedings under which appellant was convicted, are regular.
The judgment is therefore affirmed.
Affirmed.
[Rehearing denied June 23, 1911. — Reporter.]