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252 S.W.2d 198

Ferguson v. State

Court of Criminal Appeals of Texas

Decided November 5, 1952

Court of Criminal Appeals of Texas · decided 1952-11-05

Relies on 155 Tex. Crim. 98 - Bichon v. State

Decided 1952-11-05

MORRISON, Judge.

¶1The offense is driving while intoxicated; the punishment, a fine of $250.

¶2The State has filed a motion to strike the statement of facts and the bill of exception on the grounds that they were filed too late.

¶3The motion for new trial was overruled on March 31, 1952.

¶4The statement of facts and bill of exception were filed on June 30, 1952, and hence were filed too late.

¶5For an exhaustive discussion of the identical fact situation here presented, attention is directed to Bichon v. State, Tex.Cr.App., 230 S.W.2d 812.

¶6The State’s motion is granted, and the judgment is affirmed.

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