Home/Court of Criminal Appeals of Texas/Tarwater v. State

Tarwater v. State

265 S.W.2d 83, 160 Tex. Crim. 59, 1954 Tex. Crim. App. LEXIS 1836
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 24, 1954
DocketNo. 26,824
StatusPublished
Cited by34 cases

This text of 265 S.W.2d 83 (Tarwater 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
Tarwater v. State, 265 S.W.2d 83, 160 Tex. Crim. 59, 1954 Tex. Crim. App. LEXIS 1836 (Tex. 1954).

Opinions

DAVIDSON, Judge.

This is a conviction for attempting to pass a forged instrument ; the punishment, two years in the penitentiary.

[60]*60As reflected by the record before us, a notice of appeal was given and filed when the motion for new trial was overruled on October 20, 1953; the record also reflects that ten days later (on October 30, 1953), a written notice of appeal was filed together with the trial court’s order committing appellant to jail on failure to enter into a recognizance pending the decision of this court.

Under the provisions of Sec. 4 of Art. 759a, C. C. P., the statement of facts must be filed within ninety days from the date of the notice of appeal.

The statement of facts in the instant case was filed in the trial court on January 25, 1954, which was seven days after expiration of the time allowed from the date of the original notice of appeal.

It is the holding of this court that the first notice of appeal shall control.

Inasmuch as the statement of facts was filed too late and may not be considered, the judgment is affirmed, as reversible error does not otherwise appear.

Opinion approved by the court.

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

Related

Watson v. State
861 S.W.2d 410 (Court of Appeals of Texas, 1993)
Moberg v. State
810 S.W.2d 190 (Court of Criminal Appeals of Texas, 1991)
Dejarnette v. State
732 S.W.2d 346 (Court of Criminal Appeals of Texas, 1987)
United States v. Hall
468 F. Supp. 123 (E.D. Texas, 1979)
Honeycutt v. State
499 S.W.2d 662 (Court of Criminal Appeals of Texas, 1973)
Corbett v. State
493 S.W.2d 940 (Court of Criminal Appeals of Texas, 1973)
Aldridge v. State
492 S.W.2d 477 (Court of Criminal Appeals of Texas, 1973)
Talbert v. State
489 S.W.2d 309 (Court of Criminal Appeals of Texas, 1973)
Albrecht v. State
486 S.W.2d 97 (Court of Criminal Appeals of Texas, 1972)
Ware v. State
475 S.W.2d 282 (Court of Criminal Appeals of Texas, 1971)
Mendoza v. State
459 S.W.2d 439 (Court of Criminal Appeals of Texas, 1970)
Haney v. State
438 S.W.2d 580 (Court of Criminal Appeals of Texas, 1969)
Pendleton v. State
434 S.W.2d 694 (Court of Criminal Appeals of Texas, 1968)
Lott v. State
372 S.W.2d 325 (Court of Criminal Appeals of Texas, 1963)
Sides v. State
358 S.W.2d 633 (Court of Criminal Appeals of Texas, 1962)
Parks v. State
314 S.W.2d 596 (Court of Criminal Appeals of Texas, 1958)
Anderson v. State
310 S.W.2d 83 (Court of Criminal Appeals of Texas, 1957)
Reynolds v. State
306 S.W.2d 134 (Court of Criminal Appeals of Texas, 1957)
Marrero v. State
302 S.W.2d 134 (Court of Criminal Appeals of Texas, 1957)
Giacona v. State
298 S.W.2d 587 (Court of Criminal Appeals of Texas, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
265 S.W.2d 83, 160 Tex. Crim. 59, 1954 Tex. Crim. App. LEXIS 1836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarwater-v-state-texcrimapp-1954.