Court of Criminal Appeals of Texas, 1951

Franks v. State

Franks v. State
Court of Criminal Appeals of Texas · Decided November 14, 1951 · Woodley, Davidson
156 Tex. Crim. 556; 244 S.W.2d 820; 1951 Tex. Crim. App. LEXIS 1695

Franks v. State

Opinion of the Court

WOODLEY, Judge.

The conviction is for robbery; the punishment, 25 years in the penitentiary.

Appellant was identified by the witness as one of the two persons who entered his liquor store and at the point of a pistol took some $322 from his cash register.

The statement of facts shows that appellant admitted to the arresting officers that he committed the robbery and later signed a written confession.

Notice of appeal was given on March 28, 1951, and the 30 days then allowed for filing bills of exception expired on April 27, 1951.

The trial court was without authority to grant an extension *557after expiration of the time allowed and the bills filed on June 26, 1951, cannot be considered.

No error appearing, the judgment is affirmed.

Opinion approved by the court.

070rehearing

ON APPELLANT’S MOTION FOR REHEARING

DAVIDSON, Judge.

Notwithstanding the fact that we held originally that the bills of exception could not be considered because they were not filed within the time allowed by law (Art. 760, C. C. P.), appellant insists that matters presented by the bills of exception should be reviewed by us.

Under the mandatory provisions of the statute mentioned, bills of exception not filed within the time allowed by law cannot be considered.

The motion for rehearing is overruled.

Opinion approved by the court.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.