Pennington v. State

MORRISON, Judge.

ON MOTION FOR REHEARING

Our prior opinion is withdrawn, and the following is substituted in lieu thereof.

The offense is robbery by assault; the punishment, 30 years.

At the trial, the state offered evidence that on the date alleged appelant committed the offense of robbery upon the injured party in Nueces County as charged in the indictment.

Appellant timely filed, within 90 days after giving notice of appeal, certain formal bills of exception with the clerk of the court. No action is shown to have been taken by the court on the bills within 100 days after the date notice of…