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297 S.W.2d 144

Rivas v. State

Court of Criminal Appeals of Texas

Decided November 28, 1956

Court of Criminal Appeals of Texas · decided 1956-11-28

Cited by 8 later decisions — most recently April 1968

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1956-11-28

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BELCHER, Commissioner.

¶1The conviction is for burglary; the punishment, ten years in the penitentiary.

¶2No statement of facts accompanies the record.

¶3There are no formal bills of exception.

¶4appellant, in his brief, contends that the trial court erred in not allowing him time to file a motion for a new trial before sentence was pronounced upon him. He claims that the sentence does not recite that he waived such right and because of such omission the case should be reversed and remanded.

¶5We find no provision of the law which requires that the sentence recite that the appellant waived his right to file a motion for a new trial. Nor do we find an affirmative showing in the record that the appellant failed to waive such right.

¶6The indictment and all matters of procedure appear to be regular.

¶7The judgment of the trial court is affirmed.

¶8Opinion approved by the Court.

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