Gates v. State
| Decision Date | 24 February 1960 |
| Docket Number | No. 31572,31572 |
| Citation | 332 S.W.2d 333 |
| Parties | Carter Lee GATES, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Clyde W. Woody, Houston, for appellant.
Dan Walton, Dist. Atty., Jack J. Rawitscher, Samuel H. Robertson, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is driving while intoxicated; the punishment, 5 days in jail and a fine of $100.
This is an attempted appeal. The fine has been satisfied, the jail term served, and the term of court ended. This Court has no jurisdiction to entertain such appeal. Article 826, Vernon's Ann.C.C.P.
Treated as an original application for writ of habeas corpus, we find no merit in appellant's contention that the judgment is void because he was not present when his motion for new trial was overruled. Had the court not acted on his motion for new trial, it would have been overruled by operation of law within 20 days after its filing. Article 755, V.A.C.C.P., and Barton v. State, 165 Tex.Cr.R. 582, 310 S.W.2d 90.
The appeal is dismissed.
To continue reading
Request your trial
-
Carrillo v. State
...is not confined and The question raised by his appeal has become moot. . . . The appeal is ordered dismissed.'); Gates v. State, 332 S.W.2d 333 (Tex.Cr.App.1960) ('The fine has been satisfied, the jail term served, and the term of court ended. This Court Has no jurisdiction to entertain suc......
-
Gonzalez v. State
...in his absence when trial counsel was present, announced ready, and made no objection to his absence from the hearing); see also Gates v. State, 332 S.W.2d 333. 334 (Tex. Crim. App. 1960) (holding judgment of conviction was not void when defendant was not present when his motion for new tri......
-
Fouke v. State, 50560
...(1948); Winkler v. State, 252 S.W.2d 944 (Tex.Cr.App.1952); Woodard v. State, 163 Tex.Cr.R. 634, 295 S.W.2d 659 (1956); Gates v. State, 332 S.W.2d 333 (Tex.Cr.App.1960); Ex parte Dancer, 171 Tex.Cr.R. 381, 350 S.W.2d 544 (1961); Hogan v. Turland, 430 S.W.2d 720 On June 14, 1974, at the sent......
-
Hogan v. Turland, 11531
...214 S.W.2d 791; Woodard v. State, 163 Tex.Cr.R. 634, 295 S.W.2d 659; Ex parte Dancer, 171 Tex.Cr.R. 381, 350 S.W.2d 544; Gates v. State, 332 S.W.2d 333 (Tex.Cr.App.1960); Winkler v. State, 252 S.W.2d 944 In Winkler v. State the court held, 'The fine assessed and all costs adjudged against a......