SMITH v. STATE

No. 36663.

379 S.W.2d 326 (1964)

Robert Thomas SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Granted May 27, 1964.


Attorney(s) appearing for the Case

J. M. Donald, Jacksboro, on appeal only, for appellant.

Doug Crouch, Dist. Atty., John A. Brady and Jack Ray, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is passing a forged instrument; the penalty, three years in the state penitentiary.

The record reflects that the trial was had on June 24, 1963, and a plea of nolo contendere entered. Notice of appeal was given in open court on the same date. The statement of facts included in the record was filed in the trial court on February 3, 1964, and thus was not filed within 90 days from the date notice of appeal was given as is required...

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