Legal Opinion

Orr v. State

Court of Criminal Appeals of Texas

Decided December 17, 1941No. 21812Published

The opinion states the case.

1Opinion

The opinion disposing of the appeal was delivered on February 18, 1942. A motion for rehearing reached the Clerk of this court on March 7th, 1942. The post mark on the envelope shows it was not posted in the mail for transmission until March 6, 1942. The fifteen days within which a motion for rehearing could be filed expired on March 5th.

Not having been filed in time the motion may not be considered. See Fitts v. State, 98 Tex.Crim. R.,264 S.W. 1006; Smith v. State, 127 Tex.Crim. R., 75 S.W.2d 449.

2Cases cited2 opinions

  1. Fitts v. StateCourt of Criminal Appeals of Texas · 1924
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1934