Josef v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hunt. Tried below before Hon. E. W. Terhune. Appellant was convicted of murder of the second degree, and his punishment assessed at confinement in the penitentiary for ten years. This is the second appeal in this case. See Josef v. The State, 33 Texas Criminal Reports, 251.
1Opinion of the Court
HURT, Presiding Judge.
This case was heard at the Dallas Term, 1895. Because there was no order in the transcript allowing ten days after adjournment of court within which to file a statement of facts, the statement of facts was stricken out, and the case affirmed. On the motion for a rehearing, it was made to appear that' said order was made and carried into the final minutes of the court, and a copy of same, with the certificate of the district clerk, is now before us. The judgment in said case is accordingly set aside, and a rehearing is granted.
From the evidence in this case, it appears…
2Cited by28 opinions
- State v. ShephardSupreme Court of Iowa · 1963
- Hennington v. StateCourt of Criminal Appeals of Texas · 1924
- State v. D. OSMUSWyoming Supreme Court · 1954
- Brown v. StateCourt of Criminal Appeals of Texas · 1972
- Gordon v. State, Texas Court of Appeals, 4th District (San Antonio)1982
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