WALKER v. STATE

No. 31622.

335 S.W.2d 843 (1960)

Vernie W. WALKER, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal June 1, 1960.


Attorney(s) appearing for the Case

Ochsner & Robinson, Amarillo (Harold W. Ochsner, Amarillo, of counsel), for appellant.

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


WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 45 days in jail and a fine of $300.

Re-examination of the transcript reveals that the motion for new trial was not acted upon until more than 20 days after it was filed, and that under the holding of this Court construing Art. 755, Vernon's Ann.C.C.P., it was overruled by operation of law.

The notice of appeal shown in the transcript was...

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