Gidcumb v. State
This text of 81 S.W.2d 506 (Gidcumb v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The offense is sodomy; the punishment, confinement in the penitentiary for five years.
*397 This court is precluded from considering either the statement of facts or bills of exception in view of the fact that they were filed more than ninety days after notice of appeal was given. The motion for new trial was overruled June 11, 1934, and notice of appeal given on the same date. The statement of facts and bills of exception were filed in the trial court September 10, 1934, which was ninety one days after notice of appeal was given. See article 760, C. C. P., and Stroud v. State, 60 S. W. (2d) 439.
The judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
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Cite This Page — Counsel Stack
81 S.W.2d 506, 128 Tex. Crim. 395, 1935 Tex. Crim. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gidcumb-v-state-texcrimapp-1935.