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ELLIOTT v. STATE

No. 40021.

412 S.W.2d 320 (1967)

Raymond ELLIOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal March 15, 1967.

Attorney(s) appearing for the Case

Jack Lovette, Bowie, Joe D. Clayton, Tyler, for appellant.

Marvin F. London, County Atty., Montague, Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder without malice; the punishment, 5 years.

Trial was had after the effective date of the 1965 Code of Criminal Procedure.

The record on appeal does not comply with Art. 40.09 of said Code, Section 1 of which requires that it shall always include copies of certain instruments, including the judgment.

The record contains no copy of the judgment.

The appeal is dismissed.<...

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