# Fitch v. State

> Court of Criminal Appeals of Texas · March 25, 1964 · 378 S.W.2d 313

URL: https://www.frixlaw.com/law-library/cases/9671555

## Case

- **Full name:** Edward Atwell FITCH, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 25, 1964
- **Citations:** 378 S.W.2d 313; 1964 Tex. Crim. App. LEXIS 951
- **Precedential status:** Published
- **Opinion:** On rehearing by Morrison
- **Judges:** Woodley, Morrison
- **Cited by:** 2 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/9671555

## Opinion text

*315 ON APPELLANT’S MOTION FOR REHEARING
MORRISON, Judge.
Appellant, m addition to moving for a rehearing, has made application to this Court for a writ of certiorari directed to the trial court requiring him to forward to this Court a corrected transcript showing that appellant in fact entered a plea of not guilty instead of a guilty plea. The trial court is powerless to enter any such order while this case is on appeal in this Court, and hence, we would be without authority to grant the writ. Parker v. State, 169 Tex. Cr.R. 583, 336 S.W.2d 431 .
Appellant’s motion for rehearing is overruled without prejudice to his right to secure, if he can, the entry of a judgment nunc pro tunc by the trial court from which he might again appeal to this Court. Parker v. State, 170 Tex.Cr.R. 570 , 342 S.W.2d 764 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9671555. Public record. Not legal advice.