Opinion

Sweeney v. State

  • 84 Tex. Crim. 58
  • 205 S.W. 335
  • 1918 Tex. Crim. App. LEXIS 297
Court
Court of Criminal Appeals of Texas
Filed
Feb 3, 1918
Status
Published
Author
Davidson
On the bench
Prendergast, Morrow, Davidson
Cited by
3 cases
Authority
More cited than 81.8%

The opinion

DAVIDSON, Presiding Judge.

Appellant was convicted of burglary, his punishment being assessed at two years confinement in the penitentiary.

There was an order entered allowing thirty days in which to file

*59

statement of facts and bills of exception. The bills of exception were not filed within the .time allowed; in fact, they were not approved until the 24th day of October and filed November 24th. The court adjourned on the 25th of August. The bills, therefore, can not be considered. The Assistant Attorney General moves to strike out the statement of facts because not filed within any time permitted by law. As before stated, court adjourned on the 25th of August, and the statement of facts was not filed until the 24th day of November, being ninety-one days after court adjourned. We are of opinion under the decisions the Assistant Attorney General’s point is well taken and should be sustained. Without the bills and statement of facts the questions presented for revision will not be decided. '

The judgment is affirmed.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.