Court of Criminal Appeals of Texas, 1937

Francis v. State

Francis v. State
Court of Criminal Appeals of Texas · Decided October 13, 1937 · Morrow
109 S.W.2d 481; 1937 Tex. Crim. App. LEXIS 714 (South Western Reporter, Second Series)

Francis v. State

Opinion of the Court

MORROW, Presiding Judge.

On July 3, 1937, which was after this court had adjourned for the term, there was lodged with the clerk the appellant’s application for leave to file a second motion for rehearing. The decisions are unanimous to the effect that second motions for rehearing filed after adjournment cannot be considered by the appellate court. See Silver v. State, 110 Tex.Cr.App. 512, 8 S.W. (2d) 144, 9 S.W. (2d) 358, 60 A.L.R. 290; *482Burleson v. State, 131 Tex.Cr.App. 76, 96 S.W.(2d) 785; Secrist v. State, 131 Tex.Cr.App. 182, 97 S.W.(2d) 196; McNeese v. State, 121 Tex.Cr.App. 421, 52 S.W.(2d) 1049; Ortiz v. State, 121 Tex.Cr.App. 438, 53 S.W.(2d) 58.

The application'for leave to file.the second motion for rehearing is denied.

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