Legal Opinion

Bennett v. State

Court of Criminal Appeals of Texas

Decided April 1, 1970No. 42688PublishedCited by 7 opinions

1Opinion of the Court

OPINION

2Per curiam

The offense is attempted burglary; the punishment, enhanced by two prior convictions, life.

Notice of appeal was not given within the time prescribed by Art. 44.08(c) Vernon’s Ann.C.C.P., and there is nothing in the record to show that the trial court for good cause shown, permitted the giving of such notice after the 10 days allowed had expired.

The appeal is dismissed.

OPINION ON MOTION TO REINSTATE

DOUGLAS, Judge.

It has been made to appear that notice of appeal was timely given in open court. The appeal is reinstated.

Complaint, is made in the first ground of error that the court erred…

3Cases cited7 opinions

  1. Spencer v. TexasSupreme Court of the United States · 1966
  2. Spencer v. TexasSupreme Court of the United States · 1967
  3. Redding v. StateCourt of Criminal Appeals of Texas · 1954
  4. Melley v. StateCourt of Criminal Appeals of Texas · 1922
  5. Odle v. StateCourt of Criminal Appeals of Texas · 1940

2 more not listed; retrieve them via the Exa API.

4Cited by7 opinions

  1. Powell v. StateCourt of Criminal Appeals of Texas · 1973
  2. Peterson v. StateCourt of Criminal Appeals of Texas · 1974
  3. Flores v. StateCourt of Criminal Appeals of Texas · 1971
  4. Cooper v. StateCourt of Criminal Appeals of Texas · 1973
  5. Hines v. StateCourt of Criminal Appeals of Texas · 1973

2 more not listed; retrieve them via the Exa API.

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