BERRY v. STATE

No. 29280.

308 S.W.2d 877 (1957)

Bert B. BERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal January 15, 1958.


Attorney(s) appearing for the Case

Scarborough, Yates, Scarborough & Black, by James K. Graham, Abilene, on original brief; Scarborough, Black & Tarpley, by James K. Graham, Abilene, on Motion for Rehearing, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $150.

Trial was had, judgment rendered, and notice of appeal given on April 17, 1957, which was during a term of the court in which the case was tried. Said term ended on June 15, 1957.

The record shows that appellant was enlarged under a recognizance on appeal entered into on July 15, 1957, and during the subsequent term.

An appeal in...

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