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BURKS v. STATE

No. 39782.

408 S.W.2d 229 (1966)

Gussie Lee BURKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 16, 1966.

Attorney(s) appearing for the Case

Gib Callaway, Frederick G. Harmon, Brownwood, for appellant.

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

OPINION

WOODLEY, Judge.

The offense is negligent homicide, second degree; the punishment, a fine of $3,000.

The state moved to dismiss the appeal because the record contains no sentence as required by Art. 40.09 C.C.P.

Upon motion of appellant's counsel filed in the trial court directing attention to the fact that no sentence had been pronounced, the trial court on October 17, 1966, pronounced sentence "to take effect nunc pro tunc as of...

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