Moore v. State

Court of Criminal Appeals of Texas

Moore v. State

37 S.W.2d 746, 1931 Tex. Crim. App. LEXIS 832

CourtCourt of Criminal Appeals of Texas

DecidedApril 1, 1931

DocketNo. 14048

StatusPublished

This text of 37 S.W.2d 746 (Moore 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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Moore v. State, 37 S.W.2d 746, 1931 Tex. Crim. App. LEXIS 832 (Tex. 1931).

Pincite

Opinion

CHRISTIAN, J.

The offense is transporting intoxicating liquor ; the punishment, confinement in the penitentiary for one year.

Motion for new trial was overruled on July 21, 1930, and notice of appeal given on the same date. The statement of facts was filed in the trial court on October 24, 1930, which was more than 90 days after notice of appeal was given. This was too late, the 90 days allowed by the statute having expired. Article 760, C. C. P. 1925; Simmons v. State (Tex. Cr. App.) 28 S.W(2d) 1084.

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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