Teal v. State, 23242.
| Decision Date | 12 December 1945 |
| Docket Number | No. 23242.,23242. |
| Citation | 191 S.W.2d 684 |
| Parties | TEAL v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Taylor County Court; Wiley Caffey, Judge.
Ted Teal was convicted of maintaining a nuisance in local option territory, and he appeals.
Affirmed.
Dan Abbott and Letcher D. King, both of Abilene, for appellant.
Ernest S. Goens, State's Atty., of Austin, for the State.
Appellant was charged by complaint and information, in the county court of Taylor County, with maintaining a nuisance in local option territory in that on divers occasions he kept, stored and sold alcoholic beverages in a certain place known as North Side Drug Store in Abilene, in such county, alleging therein certain sales at different dates, both by his own acts and also as acting with another.
This cause went to trial on April 17, 1945, before a jury, and appellant was convicted and assessed a fine of $400, and judgment was entered on that date. Motion for a new trial was filed on April 18, 1945, the next day, and on May 1, 1945, such motion was by the court overruled. On June 16, 1945, appellant, in writing, gave notice of appeal to this court.
There are eight bills of exceptions in the record, all filed the same day on July 30, 1945, or forty-four days after notice of appeal had been given. It is evident from the caption herein that the term of county court at which this trial was had began on April 16th and ended on June 16, 1945. We find no order of the trial court extending the time for the filing of bills of exceptions beyond the thirty days allowed by law, Vernon's Ann.C.C.P. art. 760, and therefore same are filed too late, and we will not consider them.
The facts shown bear out the allegations set forth in the complaint and information, in that sales of liquor were there made, stored there and possessed for the purpose of sale, such place being located in a dry area, and thus believing the facts to be sufficient, the judgment will be affirmed.
On Motion for Rehearing.
The time for filing motion for rehearing in the Court of Criminal Appeals is governed by the rules as applied in civil cases. Prior to the promulgation by the Supreme Court of the Rules of Civil Procedure, Article 1877, R.C.S., provided that motions for rehearing may be filed "within fifteen days after the date of entry of the judgment or decision of the court, or the filing of the findings of facts and...
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...decision of this Court or to consider the same even though good cause for the delay might be shown. However, in the case of Teal v. State, Tex.Cr.App., 191 S.W.2d 684, upon consideration of the motion of the appellant for rehearing, the Court of Criminal Appeals held that the time for filin......
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... ... See Teal v. State, 149 Tex.Cr.R ... 93, 191 S.W.2d 684; Page v. State, 148 Tex.Cr.R. 473, 188 S.W.2d 181; Corson v. State, 148 Tex.Cr.R. 630, 190 S.W.2d ... ...
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Martin v. State, 24411.
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