Willis v. State

I am of the opinion that the bills of exception appearing in this record should be considered.

The notice of appeal in this case was given on November 18, 1959. The bills of exception were filed January 26, 1960, or sixty-eight days after the notice of appeal was given and within the ninety-day period allowed.

The bills of exception do not appear to have been filed with the clerk of the court prior to being presented to or acted upon by the trial judge, as authorized by the act (Art. 760d V.A.C.C.P., as amended), but were filed on the same day and after the trial judge had acted thereon by…