Rees v. State

On Motion for Rehearing.

MORRO'W, P. J.

Adverting to the case of Bratton et al. v. State, 109 Tex. Cr. R. 329, 4 S.W.(2d) 562, appellant insists that the record presents fundamental errors and that the court is required to consider them, although the requirement of the law pertaining to the filing of briefs in the trial court has not been fulfilled. From the Bratton Case, supra, we take the following quotation: “Appellant insists, however, that in the present case there is fundamental error, and that under such circumstances an -exception to the rule mentioned exists, citing Bates v. State, 104…