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98 Tex. Crim. 176

264 S.W 1116

Barrera v. State

Court of Criminal Appeals of Texas

Decided October 24, 1924

Court of Criminal Appeals of Texas · decided 1924-10-24

Cited by 1 later decisions — most recently November 1925

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1924-10-24

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HAWKINS, Judge.

¶1 — Conviction is for the manufacture of intoxicating liquor with punishment assessed at one year in the penitentiary.

¶2 The evidence unquestionably supports the verdict and we find it unnecessary to set it out there.

¶3 The motion for new trial was overruled on July 7th, and eighty days from that date given in which to file statement of facts and bills of exception. The eighty days expired on the 25th day of September. On October 3d application was made and granted, allowing fifteen days additional time in which to file bills of exception and statement of facts. Three bills appear in the record, all bearing file mark of date October 3d. None of them can be considered. A bill of exception filed after the original time allowed by the court, no order of extension having been made within the original time' allowed, is filed too late. Palmer v. State, 92 Tex. Crim. Rep., 640, 245, S. W., 238; Griffin v. State, 59 Tex. Crim. Rep., 424; Fusion v. State, 94 Texas Crim. Rep., 467, 251 S. W., 1076.

¶4 We had examined the bills of exception before observing that the State’s brief called attention to the fact that they had been filed too late, arid even if they could be considered we are of opinion no error is presented in any of them.

¶5 The judgment is. affirmed.

¶6 Affirmed.

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