WISE v. STATE.
(Court of Criminal Appeals of Texas.
Nov. 15, 1911.)
Criminal Law (§ 1099) — Statement or Facts — Time for Filing.
Where a statement of facts on appeal from a county court in a criminal case is filed more than 20 days after the adjournment of the court, it cannot he considered, though the court allowed 30 days.
[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2876; Dec. Dig. § 1099.]
Appeal from Dallas County Court at Law; W. F. Whitehurst, Judge.
Willie Wise was convicted for unlawfully carrying a pistol, and he appeals.
Affirmed.
R. M. Clark, Co. Atty., Currie McCutcheon, Asst. Co. Atty., and C. E. Lane, Asst. Atty. Gen., for the State.
PRENDERGAST, J.
From a conviction for unlawfully carrying a pistol on and about his person, the appellant appeals, and claims several errors in the proceedings.
The state contends that as.the statement *1086of facts was filed more than 20 days after the adjournment of court, notwithstanding the court allowed 30 days for that purpose, that the statement of facts cannot be considered, and cites us to Misso v. State, 135 S. W. 1173, Sullivan v. State, 137 S. W. 700, and Mosher v. State, 136 S. W. 467. These authorities are in point, and we cannot consider the statement of facts.
Appellant raises no question that can be considered without a statement of the facts.
The judgment is therefore affirmed.