Francis v. State

Court of Criminal Appeals of Texas

Decided October 13, 1937

Court of Criminal Appeals of Texas · decided 1937-10-13

Cited by 1 later decisions — most recently November 1952

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1937-10-13

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MORROW, Presiding Judge.

¶1On July 3, 1937, which was after this court had adjourned for the term, there was lodged with the clerk the appellant’s application for leave to file a second motion for rehearing. The decisions are unanimous to the effect that second motions for rehearing filed after adjournment cannot be considered by the appellate court. See Silver v. State, 110 Tex.Cr.App. 512, 8 S.W. (2d) 144, 9 S.W. (2d) 358, 60 A.L.R. 290; *482Burleson v. State, 131 Tex.Cr.App. 76, 96 S.W.(2d) 785; Secrist v. State, 131 Tex.Cr.App. 182, 97 S.W.(2d) 196; McNeese v. State, 121 Tex.Cr.App. 421, 52 S.W.(2d) 1049; Ortiz v. State, 121 Tex.Cr.App. 438, 53 S.W.(2d) 58.

¶2The application'for leave to file.the second motion for rehearing is denied.