Lemons v. State

Court of Criminal Appeals of Texas

Lemons v. State

87 S.W.2d 714, 1935 Tex. Crim. App. LEXIS 577

CourtCourt of Criminal Appeals of Texas

DecidedNovember 13, 1935

DocketNo. 17726

StatusPublished

This text of 87 S.W.2d 714 (Lemons 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.

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Lemons v. State, 87 S.W.2d 714, 1935 Tex. Crim. App. LEXIS 577 (Tex. 1935).

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Opinion

CHRISTIAN, Judge.

The offense is aggravated assault; the punishment, a fine of $1/5.

Opinions on former appeals are found in 124 Tex.Cr.R. 366, 62 S.W.(2d) at page 128, and (Tex.Cr.App.) 75 S.W.(2d) at page 878.

We deem it unnecessary to set forth the testimony; it being substantially the same as that adduced during the former trials.

Notice of appeal was given January 28, 1935. The bills of exception were filed April 29, 1935. We are precluded from [715]*715considering said bills in view of the fact that they were filed more than 90 days after notice of appeal was given. See article 760, C.C.P. and Stroud v. State, 124 Tex.Cr.R. 56, 60 S.W.(2d) 439.

The judgment is affirmed.

PER CURIAM.

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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