Mann v. State

• Decision Date: 18 November 1925
• Docket Number: (No. 9418.)
• Citation: 277 S.W. 1085
• Parties: MANN v. STATE.
• Court: Texas Court of Criminal Appeals

Page 1085

277 S.W. 1085

MANN v. STATE.

(No. 9418.)

Court of Criminal Appeals of Texas.

November 18, 1925.

Appeal from Collin County Court; T. O. Murray, Judge.

A. W. Mann was convicted for violating the Medical Practice Act, and he appeals. Affirmed.

J. A. Carlisle, of Sherman, for appellant.

Sam D. Stinson, State's Atty., of Austin, and Nat Gentry, Jr., Asst. State's Atty., of Tyler, for the State.

LATTIMORE, J.

Appellant was convicted in the county court of Collin county for violating the Medical Practice Act (Acts 30th Leg. [1907], c. 123), and his punishment fixed at a fine of $50.

We find no statement of facts in the record and but one bill of exceptions, which appears to have been filed too late. The trial term of the court below ended January 31, 1925, and the bill of exceptions referred to was filed on the 9th day of April, 1925. Our statute (Code Cr. Proc. 1925, art. 760, subd. 5) allows 30 days after the expiration of the term for filing bills of exception, and, there being no order in this record extending the time, and said bill not having been filed within 30 days after the expiration of the trial term, we are compelled to hold it was filed too late. We observe also in the record that no notice of appeal was given during the trial term.

Finding no error in the record, the judgment will be affirmed.