# Martinez v. State

> Court of Criminal Appeals of Texas · March 1, 1939 · 137 Tex. Crim. 434

URL: https://www.frixlaw.com/law-library/cases/3949622

## Case

- **Full name:** Raul Martinez v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 1, 1939
- **Citations:** 137 Tex. Crim. 434; 128 S.W.2d 398; 1939 Tex. Crim. App. LEXIS 457
- **Precedential status:** Published
- **Opinion:** Addendum by Hawkins
- **Judges:** Christian, Graves, Hawkins
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3949622

## Opinion text

ON SECOND MOTION FOR REHEARING.
HAWKINS, Judge.
The judgment was affirmed in an opinion delivered March 1, 1939. A motion for rehearing was overruled on May 24, 1939. Court adjourned for the term June 23, 1939, and its judgment had become final.
On July 20, 1939 there was lodged with the Clerk of this • court appellant’s second motion for rehearing. Under the following authorities said second motion may not be considered, it having been presented for filing after adjournment for the
*442
term. McNess v. State, 121 Tex. Cr. R. 421 , 52 S. W. (2d) 1049 ; Burleson v. State, 131 Tex. Cr. R. 76 , 96 S. W. (2d) 785 ; Silver v. State, 110 Tex. Cr. R. 512 , 8 S. W. (2d) 144 ; 9 S. W. (2d) 358 ; Hill v. State, 133 Tex. Cr. R. 92 , 108 S. W. (2d) 912 ; Ralston v. State, 133 Tex. Cr. R. 100 , 100 S. W. (2d) 185 .
Appellant’s request for leave to file second motion for rehearing is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3949622. Public record. Not legal advice.