Dalton Tommy Atkinson v. State

Relying upon the provision of Art. 755 V.A.C.C.P. and citing Mahan v. State, 163 Tex. Crim. 36, 288 S.W.2d 508, and DeHay v. State, 163 Tex. Crim. 576, 294 S.W.2d 401, the state contends that appellants motion for new trial was overruled by operation of law on July 19, 1956, during the June term of court, the motion having been filed on June 28, 1956, and no notice of appeal being given during said June term.