Mobley v. State

Opinion on Application for Leave to File Second Motion for Rehearing.

MORRISON, Judge.

Appellant urges that we were in error in not considering the statement of facts which was tendered. Under Article 759a, Vernon’s Ann.C.C.P., a statement of facts may be considered when filed after the expiration of the 90 days provided only when the same is approved by the trial judge because the statute says that such approval shall be sufficient proof that the time for filing was properly extended.

We may not consider what purports to be a nunc pro tunc entry of an order overruling appellant’s motion for new…