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154 Tex. Crim. 31

State v. Klein

Court of Criminal Appeals of Texas

Decided October 19, 1949

Court of Criminal Appeals of Texas · decided 1949-10-19

Good law ✅— No negative treatment on recordhow we know

Decided 1949-10-19

How this case has been cited

Cited by 32 later decisions — most recently October 2015 · most notably Carrillo v. State (1972), State v. Moreno (1991)

32 state decisions

12019491950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING.

GRAVES, Judge.

¶2Respondents, in their motion for a rehearing, seriously contend that we erred in the original disposition of this case by holding that when the appellant excepted to the judgment of the trial court and gave notice of appeal the jurisdiction of the case was transferred and lodged in this court; that, after the judgment of conviction was affirmed, it did not re-transfer the jurisdiction to the trial court as it does in cases wherein the judgment of conviction is reversed and the cause is remanded. The trial court having lost jurisdiction by the appeal was not authorized thereafter to make any other or further orders in the case or to nullify the judgment of this court.

¶3We have carefully reviewed the record in the light of the motions, together with the authorities cited, but remain of the opinion that the question was correctly disposed of in our original opinion.

¶4The motion for rehearing is overruled.

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