LUNA v. STATE

No. 37195.

387 S.W.2d 660 (1964)

Manuel LUNA and Ramon Luna, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 6, 1965.

On Second Motion for Rehearing February 10, 1965.

Rehearing Denied March 24, 1965.


Attorney(s) appearing for the Case

Daniel Sullivan, Andrews, for appellant.

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


BELCHER, Commissioner.

The appellants were convicted upon a joint trial for assault with intent to murder; and the punishment for each was assessed at seven years.

The statement of facts and an instrument which is referred to in appellant's brief as an appendix to the statement of facts are contained in the record, but they were not filed with the clerk of the trial court as required by Art. 759a, Sec. 4, Vernon's Ann.C.C.P. Therefore they cannot be considered...

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