BEAVER v. STATE

No. 38802.

401 S.W.2d 841 (1966)

Joe Melton BEAVER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 16, 1966.

Second Motion for Rehearing Denied April 27, 1966.


Attorney(s) appearing for the Case

R. R. (Bob) Hendricks, McKinney, Robert C. Benavides (On Appeal Only), Dallas, for appellant.

Bill Boyd, County Atty., Ronald W. Chapman, Asst. County Atty., McKinney, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is the unlawful sale of beer in a dry area; the punishment, a fine of $450.

The state moves that the appeal be dismissed for want of jurisdiction because notice of appeal was not given during the June 1965 term of court at which the conviction became final, as required by Art. 826 Vernon's Ann.C.C.P.

Trial was had and judgment rendered on June 24, 1965. Motion for new trial was filed the same day.

On July 2, 1965...

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