Whitehead v. State (168 S.W. 530, 1914)

PRENDERGAST, P. J.

Appellant was convicted for unlawfully cutting timber on the land of another and fined $10.

What purports to be a statement of facts and bills of exceptions were not filed until nearly 90 days after the court at which appellant was tried adjourned. The state makes a motion to strike them out on that account, which is granted. Durham v. State, 155 S. W. 222; De Friend v. State, 153 S. W. 881; Stephens v. State, 158 S. W. 531, 532; Wilson v. State, 160 S. W. 454; Hampton v. State, 161 S. W. 966; Newsome v. State, 162 S. W. 891; and a great many other cases. There is no question raised which can be considered in the absence of a statement of facts.

The judgment is therefore affirmed.