Stoker v. State
| Decision Date | 26 April 1967 |
| Docket Number | No. 39944,39944 |
| Citation | 415 S.W.2d 923 |
| Parties | Lowell STOKER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Payne Roye, Graham, Gerald Weatherly, Graham, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
OPINION ON APPELLANT'S MOTION FOR REHEARING
Our prior opinion is withdrawn.
The offense is passing a forged instrument; the punishment, 3 years.
Grounds for reversal are urged such as are required to be set forth in the Defendant's brief filed in the trial court. Art. 40.09, Sec. 9, C.C.P.
The record was not prepared in accordance with said Article 40.09, nor has 'the entire record' been approved by the trial court as required by Section 7, and filed with the clerk of the trial court as provided in Section 8 of said Article 40.09 C.C.P.
The time allowed for the filing of the defendant's brief does not begin to run until 'the approval of the record by the court.' Art. 40.09, Section 9, C.C.P.
The disposition of this appeal will be suspended to await the approval of the record and further proceedings which may be had in the trial court under Art. 40.09, supra, after such approval as though the record had not been transmitted to this court and filed.
The appeal is abated.
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Schneider v. State, s. 67354
...Driver. Article 40.09, Section 7, V.A.C.C.P. (1965), requires that the "entire record [be] approved by the court." Stoker v. State, 415 S.W.2d 923 (Tex.Cr.App.1967); Flores v. State, 419 S.W.2d 202 (Tex.Cr.App.1967); Johnson v. State, 420 S.W.2d 728 (Tex.Cr.App.1967). Since the effective da......
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Jordan v. State, s. 45026
...Fleming v. State, 419 S.W.2d 379 (Tex.Crim.App.1967); Trussell v. State, 419 S.W.2d 378 (Tex.Crim.App.1967); Stoker v. State, 415 S.W.2d 923 (Tex.Crim.App.1967). It is so 1 While it is not imperative that the statement of facts be bound with the other matter contained in the record, the pag......
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McKinney v. State, 44465
...Fleming v. State, 419 S.W.2d 379 (Tex.Cr.App.1967); Trussell v. State, 419 S.W.2d 378 (Tex.Cr.App.1967); Stoker v. State, 415 S.W.2d 923 (Tex.Cr.App.1967). It is so ...
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Bell v. State, 41482
...be had in the trial court under Art. 40.09, supra, after such approval as though the record had not been filed in this court. Stoker v. State, 415 S.W.2d 923. The appeal is OPINION ON MOTION TO REINSTATE APPEAL ONION, Judge. The record has now been approved by the trial court had the appeal......