MALEK v. STATE

No. 37494.

385 S.W.2d 389 (1965)

Leo Joseph MALEK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 6, 1965.


Attorney(s) appearing for the Case

C. Anthony Friloux, Jr., John E. Bobbitt, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and I. D. McMaster, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Presiding Judge.

The offense is negligent homicide in the second degree; the punishment, a fine of $500.

Appellant's amended motion for new trial was overruled, and notice of appeal was given in open court, on April 17, 1964. The ninety days during which appellant was required to file the statement of facts, as required by Art. 759a, Sec. 4, Vernon's Ann.C.C.P., expired on July 17, 1964. No statement of facts was filed by appellant by such date....

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