Rios v. State

HARPER, Judge.

Appellant was convicted of murder and the death penalty assessed against him.

On the former appeal in this case, reported in 76 Texas Crim. Rep., 364, 174 S. W. Rep., 1050, the appeal was dismissed because the notice of appeal was not entered in the minutes at the term of court at which appellant was tried. The opinion also shows that the judgment entry was incorrect, and the court had, in vacation, entered an order correcting the judgment entry. The court held that this could not be done in vacation.

After the ease was dismissed the State, by its district attorney, at the next…