Barbee v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Since its effective date, September 1, 1967, the Code Construction Act adopted by the 60th Legislature (Acts 1967, p. 1036, Ch. 455, now Art. 5429b-2 V.A.C. S.) is applicable to “each amendment, repeal, revision and reenactment” of any provision of the Code of Criminal Procedure enacted by the 60th or any subsequent Legislature.

Among the provisions of said Code amended, revised or reenacted by the 60th Legislature are Sections 6(a), 7 and 12 of Art. 40.09 which relates to the record on appeal.1

Other provisions of the 1965 Code…