REED v. STATE

No. 36053.

373 S.W.2d 687 (1963)

Ellis A. REED, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 18, 1963.

Second Rehearing Denied January 15, 1964.


Attorney(s) appearing for the Case

No attorney on appeal for appellant; Stone & Stone, by Wm. Emerson Stone, Jacksonville, on rehearing.

Paul B. Cox, County Atty., Rusk, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is under Art. 339, Vernon's Ann.P.C., for unlawfully resisting arrest; the punishment, a fine of $250.

The statement of facts appearing in the record is not shown to have been filed with the clerk of the trial court as required by Art. 759a, Sec. 4, Vernon's Ann.C.C.P., and therefore cannot be considered as a part of the record on appeal. Hughes v. State, 161 Tex.Cr.R. 300, 276 S.W.2d 813

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