Damaris v. State

ON STATE’S MOTION FOR REHEARING

DICE, Commissioner.

The state insists that Bill of Exception No. 1 to the court’s action in overruling appellant’s plea in bar should not be considered because the trial court’s attention was never called by the clerk to the filing of the bill, as provided by Art. 760d, V.A.C.C.P.

In construing Art. 760d, supra, it has been the holding of this court that where a bill of exception is filed with the clerk of the court within ninety days after the date notice of appeal is given and no action is taken by the court on the bill within one hundred days after notice of…