Spurlock v. State
Court of Criminal Appeals of Texas
The record shows that the statement of facts which was filed under the old law allowing ten days after adjournment of the term under, order granting that time, appears to have been filed one day too late, viz., on the eleventh day. Appellant filéd his motion in this court praying that said statement be considered although not filed in the time authorized by law, setting up the diligence used to procure same, etc.
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The record shows that the statement of facts which was filed under the old law allowing ten days after adjournment of the term under, order granting that time, appears to have been filed one day too late, viz., on the eleventh day. Appellant filéd his motion in this court praying that said statement be considered although not filed in the time authorized by law, setting up the diligence used to procure same, etc. This matter is fully stated in the opinion and no further statement is required.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of embezzlement, under article 938 of the Penal Code, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
The statement of facts, which was filed under the old law allowing ten days after adjournment of the term under the order granting that time, appears to have been filed on the eleventh day, one day too late. Appellant has filed a motion setting up the diligence he used to procure and file said statement, and he asks that we consider the statement of facts, although not filed within the time…
2Cases cited3 opinions
- Cannon v. StateCourt of Criminal Appeals of Texas · 1900
- Bigham v. StateCourt of Criminal Appeals of Texas · 1896
- Monk v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by9 opinions
- Pruitt v. StateCourt of Criminal Appeals of Texas · 1918
- Whitaker v. StateCourt of Criminal Appeals of Texas · 1919
- Brown v. StateCourt of Criminal Appeals of Texas · 1931
- Pierce v. StateCourt of Criminal Appeals of Texas · 1921
- Reese v. StateCourt of Criminal Appeals of Texas · 1931
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