Torrez v. State, 320 S.W.2d 817 (Tex. Crim. App. 1958). · Go Syfert
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Torrez v. State, 320 S.W.2d 817 (Tex. Crim. App. 1958). Cases Citing This Book View Copy Cite
14 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: State v. Moore (texcrimapp, 2007-06-06)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) State v. Moore (2×)
Tex. Crim. App. · 2007 · confidence medium
See, e.g., Mahan v. State, 163 Tex.Crim. 36, 37 , 288 S.W.2d 508, 509-510 (1956) (although time for filing motion for new trial may be extended, time for presentment and ruling upon said motion may not, and because trial court did not rule on motion within twenty days, said motion was overruled “by operation of law”); DeHay v. State, 163 Tex.Crim. 516, 517 , 294 S.W.2d 401, 402 (1956) (motion for new trial overruled by operation of law if not ruled on within twenty days); Barton v. State, 165 Tex.Crim. 582, 583 , 310 S.W.2d 90, 91 (1958) (same); Brinkley v. State, 167 Tex.Crim. 472, 475 , …
discussed Cited as authority (rule) State of Texas v. Moore, Billy
Tex. Crim. App. · 2007 · confidence medium
See, e.g., Mahan v. State , 163 Tex. Crim. 36, 37 , 288 S.W.2d 508, 509-510 (1956) (although time for filing motion for new trial may be extended, time for presentment and ruling upon said motion may not, and because trial court did not rule on motion within twenty days, said motion was overruled "by operation of law"); DeHay v. State , 163 Tex. Crim. 516, 517 , 294 S.W.2d 401, 402 (1956) (motion for new trial overruled by operation of law if not ruled on within twenty days); Barton v. State , 165 Tex. Crim. 582, 583 , 310 S.W.2d 90, 91 (1958) (same); Brinkley v. State , 167 Tex. Crim. 472, 47…
Angel Torrez
v.
State
29947.
Court of Criminal Appeals of Texas.
Jun 25, 1958.
320 S.W.2d 817
John J. Herrera, Houston, for appellant., King C. Haynie, Houston, amicus curiae., Dan Walton, District Attorney, Thomas D. White, Sam. H. Robertson, Jr., Assistants District Attorney, Houston, and Leon Douglas, State’s Attorney, Austin, for the state.
Belcher.
Cited by 9 opinions  |  Published
BELCHER, Judge.

The offense is misdemeanor embezzlement; the punishment, 5 days in jail and $25 fine.

The conviction was had during the December term of the County Court at Law No. 3, of Harris County, which began December 2, 1957, and expired February 1, 1958.

Judgment was rendered and entered on January 9, 1958. Appellant’s original motion for a new trial was filed January 9, 1958, and it was not amended.

No action was taken by the trial court on the original motion for a new trial within twenty days after it was filed. Therefore, it was overruled by operation of law within the term in which the judgment of conviction was rendered. Art. 755, Vernon’s A.C.C.P Mahon v. State, 163 Texas Cr. Rep. 36, 288 S.W. 2d[*26] 508; DeHay v. State, 163 Texas Cr. Rep. 516, 294 SW 2d 401. No notice of appeal was given at the December term, 1957, of said court. Therefore, the judgment became final upon the expiration of the December term. Notice of appeal during said term was requisite in order to confer jurisdiction of the appeal upon this court. Art. 827, Vernon’s A.C.C.P. Woodward v. State, 163 Texas Cr. Rep. 516, 295 S.W. 2d 659.

The appeal is dismissed.

Opinion approved by the Court.