Home/Court of Criminal Appeals of Texas/O'Mary v. State

O'Mary v. State

139 S.W.2d 800, 139 Tex. Crim. 294, 1940 Tex. Crim. App. LEXIS 332
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 21, 1940
DocketNo. 20774
StatusPublished
Cited by8 cases

This text of 139 S.W.2d 800 (O'Mary 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
O'Mary v. State, 139 S.W.2d 800, 139 Tex. Crim. 294, 1940 Tex. Crim. App. LEXIS 332 (Tex. 1940).

Opinions

CHRISTIAN, Judge.

The offense is theft; the punishment, confinement in the penitentiary for two years.

The statement of facts accompanying the record can not be considered by this court for the reason that same was not filed within the time prescribed by Art. 760, C. C. P. The appellant’s motion for new trial was overruled and notice of appeal given July 31, 1939. The statement of facts was not filed in the trial court until February 10, 1940, which was 194 [295]*295days from the date on which notice of appeal was given. See Williams v. State, 112 S. W. (2d) 184.

In the absence of the statement of facts, we are unable to appraise appellant’s bills of exception.

The judgment is 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Criner v. State
816 S.W.2d 137 (Court of Appeals of Texas, 1992)
Franklin v. State
733 S.W.2d 537 (Court of Appeals of Texas, 1985)
Guana v. State
672 S.W.2d 248 (Court of Appeals of Texas, 1984)
Gonzalez v. State
647 S.W.2d 369 (Court of Appeals of Texas, 1983)
Hughes v. State
625 S.W.2d 827 (Court of Appeals of Texas, 1981)
Mickle v. State
191 S.W.2d 41 (Court of Criminal Appeals of Texas, 1945)
Snowden v. State
149 S.W.2d 102 (Court of Criminal Appeals of Texas, 1941)

Cite This Page — Counsel Stack

Bluebook (online)
139 S.W.2d 800, 139 Tex. Crim. 294, 1940 Tex. Crim. App. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omary-v-state-texcrimapp-1940.