McCleary v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— On further deliberation the majority of the court are of opinion that an order entered by the trial court reciting that “the statutory time” is allowed to file bills of exception and statement of facts, ought not to be construed as limiting such time to the thirty days allowed by Art. 760, C. C. P., independent of an extension order, where the record fails to show otherwise that it was the court’s intention to limit the filing within said thirty days. We think such holding in the original opinion in this case and in Logan v. State, 115 Texas Crim.…