Hunter v. State

WOODLEY, Judge.

*161The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $350.

A motion to dismiss the appeal has been filed in this court by the county attorney who prosecuted the case because a copy of the statement of facts has not been filed with the clerk of the trial court as required by law. The failure to file the statement of facts in duplicate as required by Art. 759a, Sec. 4, V.A.C.C.P., does not divest this court of jurisdiction of the appeal. Paulos v. State, 157 Texas Cr. Rep. 341, 248 S.W. 2d 928. The motion is therefore overruled.

It was…