Art. 40.08 EFFECT OF A NEW TRIAL

This rule no longer exists. The Texas Court of Criminal Appeals removed it back in 1986 when the state adopted a new set of appellate rules. Lawmakers had passed a bill in 1985 that gave the court the power to update how appeals work in criminal cases, and this old rule was one of the ones taken out during that update.

If you're looking at a case or document that mentions Article 40.08, keep in mind it hasn't been valid law for decades. Instead, you'll want to look at the current Texas Rules of Appellate Procedure, since those replaced the old system this rule was once part of.