Elliott v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder without malice; the punishment, 5 years.

Trial was had after the effective date of the 1965 Code of Criminal Procedure.

The record on appeal does not comply with Art. 40.09 of said Code, Section 1 of which requires that it shall always include copies of certain instruments, including the judgment.

The record contains no copy of the judgment.

The appeal is dismissed.

OPINION

ON APPELLANT’S MOTION TO REINSTATE APPEAL

BELCHER, Judge.

The record has now been perfected, and the motion to reinstate the appeal is granted.

The deceased was killed in the…