DICE, Commissioner.
Appellant was convicted under Art. 802c, Vernon's Ann.P.C., of murder by accident and mistake while driving intoxicated and his punishment assessed at confinement in the penitentiary for 2 years.
The statement of facts appearing in the record is not shown to have been filed with the clerk of the trial court within 90 days after notice of appeal was given.
Art. 759a, Sec. 4, Vernon's Ann. C.C.P., provides that a statement of facts...
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