Obarts v. State

WOODLEY, Judge.

The offense is operating- a motor vehicle upon a public highway while intoxicated; the punishment, 30 days in jail and a fine of $100.

The verdict was returned on May 23, 1958, and judgment was entered.

Motion for new trial was filed on the same day. Amended motion for new trial was filed on June 12, 1958.

The amended motion for new trial was overruled by operation of law at the expiration of the twenty days allowed by Art. 755 V.A.C.C.P., and the judgment became final. See Mahan v. State, 163 Texas Cr. Rep. 36, 288 S.W. 2d 508; DeHay v. State, 163 Texas Cr. Rep. 516, 294 S. W.2d…