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Akin v. State

Court of Criminal Appeals of Texas
Mar 17, 1971
464 S.W.2d 652 (Tex. Crim. App. 1971)

Opinion

No. 43932.

March 17, 1971.

Appeal from the 147th Judicial District Court, Travis County, Tom Blackwell, J.

No attorney on appeal for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


The offense is theft of property of the value of over fifty dollars; the punishment, three (3) years, probated.

Prior to trial, appellant filed a pauper's oath, stating that he was wholly destitute, and the court appointed him counsel. At the time that appellant was placed on probation, he gave notice of appeal to this Court. This record contains no transcription of the court reporter's notes, and no appellate brief has been filed on behalf of the appellant.

The State has recommended that the appeal be abated. It appears that the State's recommendation should be followed in order to permit proceedings in the trial court under the provisions of Art. 40.09, Vernon's Ann.C.C.P., as if the appeal had not been filed in this Court, which must include appointment of counsel to appeal this cause in the appellant's behalf. Williams v. State, Tex.Cr.App., 458 S.W.2d 932.

The appeal is abated.


Summaries of

Akin v. State

Court of Criminal Appeals of Texas
Mar 17, 1971
464 S.W.2d 652 (Tex. Crim. App. 1971)
Case details for

Akin v. State

Case Details

Full title:Billy M. AKIN, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Mar 17, 1971

Citations

464 S.W.2d 652 (Tex. Crim. App. 1971)

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