Opinion
No. 14273.
Delivered March 4, 1931.
Appeal — Practice.
Where the transcript of the record appears to have been delivered to appellant's counsel instead of having been sent to the clerk of the appellate court, it cannot be considered.
Appeal from the District Court of Bee County. Tried below before the Hon. T. M. Cox, Judge.
Proceeding to secure release from custody. From an order of the district court remanding defendant to the custody of the sheriff defendant appeals.
Dismissed.
The opinion states the case.
L. D. Stroud and Ney Wade, both of Beeville, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
This is an appeal from an order of the district judge of the 36th Judicial District remanding appellant to the custody of the sheriff.
The State's Attorney with this court calls attention to the fact that the transcript herein shows to have been delivered by the clerk of the trial court to appellant's counsel and not to have been sent by said clerk, in the manner prescribed by law, to the clerk of this court. We regret that we can not consider the transcript under such showing. Pilot v. State, 38 Tex. Crim. 515, 43 S.W. 112, 1024; Lowery v. State, 92 Tex. Crim. 311, 244 S.W. 147.
The appeal will be dismissed.
Dismissed.
Hawkins, J., not sitting.