DAVIDSON, Commissioner.
This is a conviction for felony theft, with punishment assessed at five years' confinement in the penitentiary.
The state challenges consideration by us of the statement of facts in this case, claiming that it was not filed in the trial court within ninety days from the date notice of appeal was given, as required by the mandate of Art. 760, C.C.P., Vernon's Ann. C.C.P. art. 760.
Notice of appeal was given in this case on the...
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