CHERB v. STATE

No. 43795.

472 S.W.2d 273 (1971)

Frederick L. CHERB, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 2, 1971.


Attorney(s) appearing for the Case

Clayton & Clayton by D. Lyman Stubblefield, Amarillo, for appellant.

Tom Curtis, Dist. Atty., Hugh Russell, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ON APPELLANT'S MOTION TO REINSTATE APPEAL

ROBERTS, Judge.

On May 19, 1971, we dismissed the appeal in this cause for the reason that no notice of appeal was contained in the record as required by Art. 44.08, Vernon's Ann. C.C.P.

By supplemental transcript it is shown that permission of the trial court to give notice of appeal after ten days from the date of sentencing had expired was granted in accordance with Art. 44.08...

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