Citations
- 22 S.W.2d 1072
Full opinion text
CHRISTIAN, J.
The offense is unlawfully passing as true a forged instrument; the punishment confinement in the penitentiary for 2 years.
The caption fails to show the date of the adjournment of the trial court. Under the decisions of this court, the state’s motion to dismiss the appeal must be sustained. Yarborough v. State, 100 Tex. Cr. R. 480, 273 S. W. 842; Lowery v. State, 92 Tex. Cr. R. 311, 244 S. W. 147; Cousineau v. State, 110 Tex. Cr. R. 440, 10 S.W.(2d) 98.
The appeal is dismissed. Appellant is granted 15 days from this date in which to correct the omission.
PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.
On the Merits.
CHRISTIAN, J.
The record having been corrected, the appeal is reinstated, the judgment of dismissal set aside, and the case considered on its merits.
The term of court at which appellant was tried adjourned on the 16th day of March, 1929. Appellant’s bills of exception were filed on April 17, 1929. No extension of time for the filing of the bills was granted by the trial court. Article 760, subd. 5, O. O. P., allows 30 days after the day of adjournment of court for filing bills of exception. There being no order in the record extending the time, and said bills not having been filed within 30 days after the adjournment of court, we are compelled to hold they were filed too late. Mann v. State, 102 Tex. Cr. R. 210, 277 S. W. 1085.
No error being presented, the judgment is affirmed.
PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.