CURRY v. STATE

No. 25209.

242 S.W.2d 421 (1951)

CURRY v. STATE.

Court of Criminal Appeals of Texas.

On Rehearing May 9, 1951.

Rehearing Denied June 20, 1951.

Second Motion for Rehearing Denied October 17, 1951.


Attorney(s) appearing for the Case

William E. Davenport, San Angelo, Brooks, Duke, Templeton & Brooks, E. T. Brooks, Abilene, Justin A. Kever, San Angelo, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


BEAUCHAMP, Judge.

Appellant was convicted of murder without malice and assessed a penalty of two years in the penitentiary.

The indictment in this cause is regular in form and the bills of exception cannot be appraised without a statement of facts. According to the transcript and the file mark of the district clerk on the statement of facts, this statement was not filed within the ninety days prescribed by law and for which period the trial court may extend...

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