Johnson v. State

OPINION on STATE’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Supplemental transcript has been received and filed which contains the order of the trial judge dated June 24, 1967, approving the record on appeal, and the certification of the clerk of the trial court showing that such order was duly and timely filed but inadvertently omitted from the record originally forwarded to this Court. The order abating the appeal is set aside.

No ground of error is set forth m a brief filed in the trial court as required by Art. 40.09(9) V.A.C.C.P., and the time allowed for filing such brief has expired.

We have examined the record and find nothing contained therein which we should consider as unassigned error under Section 13 of said Article 40.09.

No constitutional question is raised.

The State’s motion for rehearing is granted and the judgment is affirmed.