DONLEY v. STATE

No. 29267.

310 S.W.2d 567 (1957)

Joe Henry DONLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing March 5, 1958.


Attorney(s) appearing for the Case

Jones, Herring & Jones, by Perry L. Jones, M. N. Garcia, Austin, for appellant.

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


BELCHER, Commissioner.

The conviction is for perjury; the punishment, ten years in the penitentiary.

The statement of facts accompanying the record was filed in the trial court and bears the approval of the attorneys for the state. Neither the appellant nor his counsel, nor the trial court has approved the statement of facts.

Art. 759a, Vernon's Ann.C.C.P., provides that a statement of facts must be agreed to by the appellant or his counsel and the...

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