*68ON APPELLANT’S MOTION FOR REHEARING
WOODLEY, Judge.It is made to appear by supplemental transcript that the objections and exceptions to the court’s charge were dictated to the court reporter and were not reduced to writing and filed with the trial court until after the expiration of the 90 days allowed for filing bills of exception.
The record reflects that the clerk of the trial court, at the request of appellant’s counsel, placed on the instrument the words “Filed May 11, 1956, at 10:00 A.M.” whereas the instrument was received by the clerk on September 6, 1956.
The district clerk was without power to antedate or attempt to file back the objections and exceptions. This court has held that the clerk could not do so even though authorized by the trial judge. Ortiz v. State, 121 Texas Cr. Rep. 438, 53 S.W. 2d 58.
Exceptions to the overruling of objections to the court’s charge properly and timely presented, reserved over the signature of the trial judge, may serve as a bill of exceptions. Driver v. State, 105 Texas Cr. Rep. 29, 285 S.W. 312; Sims v. State, 156 Texas Cr. Rep. 608, 245 S.W. 2d 260.
In such event, the bill must be filed within 90 days after notice of appeal. Art. 760(d) V.A.C.C.P.
We should not be understood as approving the practice of dictating objections to the charge to the court reporter, and having same reduced to writing at a later date. We would suggest and strongly recommend that the procedure set out in the statutes be strictly complied with, and that trial judge should allow the necessary time and insist upon a compliance with the Code of Criminal Procedure.
We do not here decide whether the practice mentioned conforms to the requirements of Art. 658 V.A.C.C.P. that the defendant present his objections in writing before the charge is read to the jury. What we do hold is that where the objections and exceptions, or other bills of exception relating to the court’s charge, are not reduced to writing and filed in the trial court within 90 days after notice of appeal they cannot be considered.
*69Because the question is not properly before us, appellant’s contention that the giving of the charge on abandoning the difficulty by the deceased is reversible error cannot be considered or sustained.
Appellant challenges the disposition of his complaint regarding the venire and, in connection therewith, disputes the correctness of the statement in our original opinion “The Court, with the agreement of appellant’s counsel, excused 15 of the special veniremen.”
We quote from the testimony of appellant’s counsel at the hearing on his motion for new trial.
“Q. You made a statement just a minute ago that the Court had excused sixteen persons, what do you mean by the Court excusing? A. I will state in answer to that that when we were over here Monday and I withdrew my Motion with reference to the list being served on the defendant, there was a line of prospective jurors here offering excuses, and I stated to the Court that the matter of accepting their excuses was for the Court to determine and I left.
“Q. You didn’t tell the Court that you would agree * * * that you would agree with the Court to excuse any man that the Court excused? A. Well I did make that statement, yes sir.”
We remain convinced that reversible error is not shown in the overruling of the motion to quash the jury panel, or in the refusal of the trial court to prevent the district attorney from performing his duty in conducting the prosecution.
Appellant’s motion for rehearing is overruled.