Gist v. State

161 Tex. Crim. 593
CourtCourt of Criminal Appeals of Texas
DecidedApril 27, 1955
DocketNo. 27,550
StatusPublished
Cited by1 cases

This text of 161 Tex. Crim. 593 (Gist 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.

Bluebook
Gist v. State, 161 Tex. Crim. 593 (Tex. 1955).

Opinion

DAVIDSON, Judge.

Unlawfully selling whiskey in a dry area is the offense; the punishment, a fine of $100 and 30 days in jail.

The statement of facts in this case was not filed until 116 days after the date of notice of appeal.

Appellant insists that the filing was within the time which the trial court had permitted the statement of facts to be filed, by extension granted.

The trial court is powerless to extend the time for filing a statement of facts beyond the ninety-day period provided for [594]*594in Art. 759a, Vernon’s C.C.P. Davila v. State, 155 Texas Cr. R. 599, 237 S.W. 2d 993.

In the absence of a statement of facts, we cannot appraise the bills of exception appearing in the record.

The judgment is affirmed.

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Related

Anthony v. State
310 S.W.2d 742 (Court of Criminal Appeals of Texas, 1958)

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Bluebook (online)
161 Tex. Crim. 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gist-v-state-texcrimapp-1955.