Cherb v. State
Court of Criminal Appeals of Texas
1Opinion of the Court
OPINION
ON APPELLANT’S MOTION TO REINSTATE APPEAL
ROBERTS, Judge.
On May 19, 1971, we dismissed the appeal in this cause for the reason that no notice of appeal was contained in the record as required by Art. 44.08, Vernon’s Ann. C.C.P.
By supplemental transcript it is shown that permission of the trial court to give notice of appeal after ten days from the date of sentencing had expired was granted in accordance with Art. 44.08(e), V.A. C.C.P., and that such notice has been given.
Accordingly, the appeal is properly reinstated. Smith v. State, Tex.Cr.App., 424 S.W.2d 228 (1968); Herbort v. State,…
Also in this document: Concurrence.
2Cases cited48 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Di Carlo v. United StatesCourt of Appeals for the Second Circuit · 1925
- Edwards v. StateCourt of Criminal Appeals of Texas · 1968
- Hickory v. United StatesSupreme Court of the United States · 1894
- Poliafico v. United StatesCourt of Appeals for the Sixth Circuit · 1956
43 more not listed; retrieve them via the Exa API.
3Cited by149 opinions
- Gill v. StateCourt of Criminal Appeals of Texas · 1994
- Carrillo v. StateCourt of Criminal Appeals of Texas · 1979
- Gamez v. StateCourt of Criminal Appeals of Texas · 1987
- Beathard v. StateCourt of Criminal Appeals of Texas · 1989
- Paulus v. StateCourt of Criminal Appeals of Texas · 1982
144 more not listed; retrieve them via the Exa API.