Fielder v. State
This text of 180 S.W. 258 (Fielder v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant was convicted for unlawfully carrying a pistol. He waived a jury, and the cause was tried before the court.
The record nowhere discloses that he entered into any recognizance, or that he is in jail, pending this appeal. The Assistant Attorney General’s motion to dismiss the appeal, with the record as stated, must, therefore, be sustained. Young v. State, 8 Texas Crim. App., 81; Fatheree v. State, 23 Texas, 202.
However, even if the record had shown that he was in jail, or had duly entered into recognizance, his appeal would avail him nothing, for there -is neither a bill of exceptions nor a statement of facts. In the absence of these, nothing is raised which could be reviewed anyway.
The appeal is dismissed.
Dismissed.
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Cite This Page — Counsel Stack
180 S.W. 258, 78 Tex. Crim. 145, 1915 Tex. Crim. App. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fielder-v-state-texcrimapp-1915.