Legal Opinion

Farris v. State

Court of Appeals of Texas

Decided October 10, 1888No. 2781PublishedCited by 8 opinions

Appeal from the District Court of Mitchell. Tried below before the Hon. William Kennedy. The conviction in this case was for robbery, and the penalty assessed was a term of five years in the penitentiary. The record is without a valid statement of facts.

1Opinion of the Court

Hurt, Judge.

This is a conviction for robbery. It appears from the record that the court adjourned on the eleventh day of June, 1888. The motion for new trial was overruled on June 8, and the statement of facts was not filed until June 30, 1888, nineteen days after, adjournment.

The appellant seeks the aid of the act of March 8, 1887, and asks this court to consider the statement of facts although not filed within the time prescribed by law, nor within the ten days allowed by order of the court.

Counsel for appellant by his affidavit shows in substance that *107he was very busy during the ten days…

2Cases cited2 opinions

  1. Bittick v. StateTexas Supreme Court · 1874
  2. Goins v. StateTexas Supreme Court · 1874

3Cited by8 opinions

  1. Roberts v. StateCourt of Criminal Appeals of Texas · 1911
  2. Ferguson v. StateCourt of Criminal Appeals of Texas · 1916
  3. Guile v. StateCourt of Criminal Appeals of Texas · 1912
  4. Guill v. StateCourt of Criminal Appeals of Texas · 1912
  5. Lay and Jones v. StateCourt of Criminal Appeals of Texas · 1917

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