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242 S.W.2d 888

Montgomery v. State

Court of Criminal Appeals of Texas

Decided October 24, 1951

Court of Criminal Appeals of Texas · decided 1951-10-24

Cited by 2 later decisions — most recently November 1956

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1951-10-24

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WOODLEY, Commissioner.

¶1On March 23, 1951, judgment was rendered on the verdict of a jury finding -appellant guilty of' selling whiskey in a dry area with punishment assessed at 90 days in jail and a $250 fine.

¶2According to the transcript, notice of appeal was given .on the same day and recognizance was entered into on April 2, 1951.

¶3The transcript further shows that the term of court began on February 5, 1951, and ended April 2, 1951.

¶4Under t'he provisions of Art. 760(5),. Vernon’s Ann.C.C.P., then applicable, appellant had 30 days after final judgment in which to file a statement of facts which time does not appear to have been extended by order of the trial court.

¶5The statement of facts was filed in the trial court on May 21, 1951, and therefore cannot be considered.

¶6The proceeding's appear to be regular*' and nothing is presented for review.

¶7The judgment is affirmed.

¶8Opinion approved by the Court.

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