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104 Tex. Crim. 273

283 S.W 794

Bates v. State

Court of Criminal Appeals of Texas

Decided November 25, 1925

Court of Criminal Appeals of Texas · decided 1925-11-25

<p>The opinion states the case.</p>

Cited by 1 later decisions — most recently February 1928

1 state decisions

Relies on 99 Tex. Crim. 652 - Wimberly v. State · Grammer v. State · 88 Tex. Crim. 313 - Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1925-11-25

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¶1On November 25, 1925, this case was dismissed on account of a defective appeal bond, which has since been supplied, and the case is now reinstated and before us for further consideration.

¶2In the order dismissing this case, we called the attention of appellants' counsel to the fact that same had not been briefed in accordance with the rules governing civil cases. Notwithstanding this fact, there has been no effort to show that the record, as presented insofar as it relates to briefing, does not *275 reflect the true status of the record as made. There is nothing in the record to show that any brief, or copies of the brief, were filed in the trial court within the time and in keeping with the requirements of the rules pertaining to civil cases, nor is it briefed in this court in keeping with the rules applicable to civil cases. We are therefore, on this account, without authority of law to pass upon the merits of the case. Swim v. State, 218 S.W. 761, 86 Tex.Crim. Rep.; Davis v. State, 226 S.W. 409, 88 Texas Crim. Rep 313; Grammer v. State,230 S.W. 165, 89 Tex.Crim. Rep.; Wimberly v. State,271 S.W. 608; Walker et al v. State, 272 S.W. 462.

¶3For the reasons above mentioned, and under the authorities above cited, this appealed is ordered dismissed.

¶4Dismissed.

¶5The foregoing opinion by the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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