Marrero v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, 50 years.

No brief has been filed herein on behalf of the appellant. The state challenges our consideration of the statement of facts on file because the same was filed too late. We shall consider the state’s contention. Appellant gave notice of appeal on November 27, 1956, at the time his motion for new trial was overruled. He again gave notice of appeal on December 21, 1956, *627but no effort was made to withdraw the original notice of appeal. The statement of facts herein was filed in the trial court on March 11, 1957.

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