Bradshaw v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant relies on Art. 2246 R. C. S., 1925, as authorizing bills of exception to be filed within 90 days from final judgment. The statute in question refers to civil cases only. We must be controlled by Art. 760, Subdivision 5, C. C. P. as governing in criminal matters, under which the bills of exception cannot be considered. Holden v. State, 98 Tex. Cr. R. 592, 267 S. W. 275; Courser v. State, 106 Tex. Cr. R. 146, 291 S. W. 236. Sentence was pronounced and notice of appeal given on the 15th day of December. Under Art. 760 C. C. P. the court was…