Lessing v. State

OPINION

ONION, Presiding Judge.

Appellant was convicted by a jury for cattle theft; the court assessed punishment at two (2) years.

The record on appeal was filed in this court on May 3, 1974. The record was forwarded to this court on order of the trial court. We note, however, that the record was never approved by the trial court pursuant to Article 40.09, Sec. 7, Vernon’s Ann.C.C.P. Consequently, this appeal must be abated. St. John v. State, 421 S.W.2d 661 (Tex.Cr.App.1967); McKinney v. State, 477 S.W.2d 295 (Tex.Cr.App.1972).

We note that on April 5, 1974, appellant filed his personal…