Legal Opinion

Dyer v. State

Court of Criminal Appeals of Texas

Decided May 21, 1902No. 2250PublishedCited by 5 opinions

How comes the State ‘by the Assistant Attorney-General, and would show the court that the appeal in this case was perfected on June 14, 1901, by filing the recognizance in this case, as shown by the transcript.

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How comes the State ‘by the Assistant Attorney-General, and would show the court that the appeal in this case was perfected on June 14, 1901, by filing the recognizance in this case, as shown by the transcript. That thereafterwards the court adjourned on June 22, 1901; that on the 1st day of August, 1901, and more than twenty days after the adjournment of the court, the said transcript was delivered by the clerk of the County Court of McLennan County to H. M. Cammack, one of the attorneys of record.for the appellant in this case, as shown by the following indorsement on said transcript, to…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of a misdemeanor, and prosecuted this appeal.

The Assistant Attorney-General has filed a motion to dismiss this appeal, on the ground that it did not come to this court.from the county clerk, as required by law, but was filed by the attorneys, Messrs. Cam-mack and Burkhead. His contention is that article 897, Code of Criminal Procedure, which is as follows: "As soon as the transcript is prepared, the clerk shall forward the same by mail, or other safe conveyance, charges prepaid, inclosed in an envelope securely sealed, directed to the proper "clerk of…

2Cited by5 opinions

  1. Ex Parte KentCourt of Criminal Appeals of Texas · 1905
  2. Lowery v. StateCourt of Criminal Appeals of Texas · 1922
  3. Lowrey v. StateCourt of Criminal Appeals of Texas · 1922
  4. Brown v. StateCourt of Criminal Appeals of Texas · 1925
  5. Pittman v. StateCourt of Criminal Appeals of Texas · 1925

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