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90 Tex. Crim. 186

233 S.W 962

Phillips v. State

Court of Criminal Appeals of Texas

Decided October 19, 1921

Court of Criminal Appeals of Texas · decided 1921-10-19

Tried below before the Honorable Robt. B. Seay. Appeal from a conviction of robbery; penalty, five years imprisonment in the penitentiary. The opinion states the case.

Decided 1921-10-19

¶1 ON REHEARING.

¶2 October 19, 1921.

MORROW, Presiding Judge.

¶3 An affirmance was ordered on the 13th day of April last, and during the same month a motion for rehearing was filed stating that though no statement of facts nor bills of exceptions accompanied the record, they were in existence, and that for reasons advanced in the motion, unavoidable circumstances had prevented their filing. In- the motion the court is requested to consider them together with the explanation of delay. Up to this time they have never been filed, and we feel constrained to pass on the motion without deferring the matter longer. In the absence of the bills of exceptions and statement of facts, we have nothing before us that was not disposed of on the original hearing.

¶4 The motion is overruled.

¶5 Overmled.

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