Ex parte Rayburn

DAVIDSON, Judge.

On July 23, 1937, appellant was, in the District Court of Palo Pinto County, convicted of the offense of robbery and his punishment assessed at confinement in the State penitentiary for five years. From that judgment he'appealed to this court, and was, during the appeal, at liberty upon appeal bond. On March 3, 1938, we affirmed the judgment of conviction. According to the records of this court, mandate was duly issued upon said affirmance on March 19, 1938. There is, however, no direct evidence that the original mandate was received and filed in the District Court of Palo…