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Musick v. State

Court of Criminal Appeals of Texas
Mar 27, 1929
15 S.W.2d 616 (Tex. Crim. App. 1929)

Opinion

No. 12423.

Delivered March 27, 1929.

Theft of Cattle — Statement of Facts — Filed too Late — Cannot Be Considered.

When a statement of facts is filed more than 90 days from the date that notice of appeal was given under the provisions of Art. 760, C. C. P., we are not authorized to consider the statement of facts. Following Crowder et al. v. State, 9 S.W.2d 1042.

Appeal from the District Court of Hamilton County. Tried below before the Hon. Joe H. Eidson, Judge.

Appeal from a conviction for theft of cattle, penalty two years in the penitentiary.

The opinion states the case.

No brief filed for appellant.

A. A. Dawson of Canton, State's Attorney, for the State.


The offense is theft of cattle; the punishment confinement in the penitentiary for two years.

No bills of exception are brought forward. The motion for new trial was overruled on September 18th, 1928 and notice of appeal given on the same date. The statement of facts was filed January 8th, 1929, which was more than 90 days from the date that notice of appeal was given. Under the provisions of Article 760 C. C. P. we are not authorized to consider the statement of facts. Crowder et al. v. State, 9 S.W.2d 1042.

No question being presented for review, the judgment is affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.


Summaries of

Musick v. State

Court of Criminal Appeals of Texas
Mar 27, 1929
15 S.W.2d 616 (Tex. Crim. App. 1929)
Case details for

Musick v. State

Case Details

Full title:ROY MUSICK v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Mar 27, 1929

Citations

15 S.W.2d 616 (Tex. Crim. App. 1929)
15 S.W.2d 616

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