DICE, Commissioner.
Appellant was convicted for the offense of procuring an abortion and his punishment assessed at confinement in the penitentiary for a term of five years.
At the outset, we overrule the State's contention that the statement of facts should not be considered because it was not filed within ninety days after the date appellant gave notice of appeal as required by Article 759a, Vernon's Ann.C.C.P. There appears in the record an order signed...
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