Davis v. State

WOODLEY, Commissioner.

Appellant shows that the order of the trial judge overruling his motion for new trial and granting him 90 days for the filing of bills of exception was delivered to the clerk for entry and by clerical error the entry on the minutes omitted the figures “90.”

*110It is further shown that the original instrument handed to the clerk has been lost or destroyed.

Appellant further shows that the failure to enter such extension of time was without fault of himself or his attorney.

Under the authority of Davis v. State, 120 Tex.Cr.R. 114, 28 S.W.2d 794, and George v. State, 25 Tex.App.…