Rule Text
By order of the Texas Court of Criminal Appeals dated December 18, 1985, effective September 1, 1986, adopting the Texas Rules of Appellate Procedure, pursuant to Section 4, Chapter 685 (H.B. 13), Acts of the 69th Legislature, Regular Session, 1985, this article was repealed.
Amendment history: Added by Acts 1965, 59th Leg., Ch. 722 (S.B. 107), Sec. 1, eff. January 1, 1966.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This part of the law 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 given the court the power to make this change through a 1985 law passed by the Texas Legislature.
Because this rule was repealed, it has no legal effect today. If you come across a reference to Article 41.04, it does not apply to any current case. Anyone dealing with an appeal issue related to this topic would need to look at the Texas Rules of Appellate Procedure instead, since those rules took its place.