Public-domain · open source
OpenJurist

136 S.W. 792

Looper v. State

Court of Criminal Appeals of Texas

Decided April 19, 1911

Court of Criminal Appeals of Texas · decided 1911-04-19

<p>Criminal Law (§§ 1099, 1102, 1092, 1095*)-Appeal — Statement oe Facts — Time oe Filing.</p> <p>The statement of facts and bill of exceptions filed in a prosecution for violating the local option law were filed in the county court on December 5th, court having adjourned on November 5th. Held, that the statement and bill were filed too late, and -will be stricken on motion; it being necessary under Acts 30th Leg. (1st EX. Sess.) c. 7, § 1, that they be filed within 20 days after adjournment, upon procuring an order for that purpose in term.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2876, 2877; Dec. Dig. §§ 1099, 1102, 1092, 1095.*]</p>

Cited by 2 later decisions — most recently January 1912

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-04-19

View the full empirical analysis of this case →

DAVIDSON, P. J.

¶1Appellant was convicted of violating the local option law. The statement of facts and a bill of exceptions found in the record were filed on the 5th of December; court having adjourned on the 5th of November. This being a case tried in the county court, both the statement of facts' and bill of exceptions were filed too late. These documents must be filed, under the act of 1907 (Acts 30th Leg. [1st Ex. Sess.] c. 7, § 1), within 20 days after adjournment of court, and after having secured an order for that purpose during the term of the court. Motion is made by the Assistant Attorney General to eliminate these documents from the record, which, under that act of the Legislature and decisions construing it, must be granted. In this condition of the record there is no question presented that can be reviewed.

¶2The judgment' is affirmed.

/136/sw/792 · .json · Public domain