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416 S.W.2d 428

Hawkins v. State

Court of Criminal Appeals of Texas · decided 1967-06-28

Cited by 2 later decisions — most recently May 1968

2 state decisions

Relies on Judy v. Arkansas Log Homes, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1967-06-28

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¶1OPINION

BELCHER, Judge.

¶2The offense is passing a forged instrument; the punishment, 3 years.

¶3The record does not contain a transcript of the reporter’s notes. “The entire record” has not been approved by the trial court as required by Section 7, and filed with the clerk of the trial court as provided in Section 8 of Article 40.09 C.C.P.

¶4The time allowed for the filing of the defendant’s brief does not begin to run until the “approval of the record by the court.” Art. 40.09, Section 9, C.C.P.

¶5The disposition of this appeal will be suspended to await the approval of the record and further proceedings which may be had in the trial court under Art. 40.09, supra, after such approval as though the record had not been transmitted to this court and filed. Stoker v. State, Tex.Cr. App., 923 S.W.2d 415.

¶6The appeal is abated.

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