Granado v. State

228 S.W.2d 530, 154 Tex. Crim. 519, 1950 Tex. Crim. App. LEXIS 2134

• Court: Court of Criminal Appeals of Texas
• Decided: March 8, 1950
• Docket: 24680
• Status: Published

Opinions

GRAVES, Judge.

Appellant was convicted of unlawfully carrying a pistol and fined the sum of $100.00, and he appeals.

There is no statement of facts filed herein.

From the bill of exception found in the record, we gather that appellant was seen driving an automobile at nighttime with only one headlight, and that one was flickering on and off. He was approached by two highway patrolmen, who talked to him relative to such lights. One of the patrolmen looked in appellant’s car and there found a pistol on the floor. He then arrested appellant and filed against him for carrying such pistol.

There is but one bill of exceptions, part I of which relates to the search of appellant’s car, and such bill is then interlined with “II” and proceeds to complain about a certain argument of the county attorney. This bill contains two separate and distinct transactions, all under one bill, and is multifarious. Therefore, we cannot consider the same, it being in contravention of our ruling in numerous cases. See Shelton v. State, 150 Tex. Cr. R. 368, 200 S. W. (2d) 1004; White v. State, 150 Tex. Cr. R. 546, 203 S. W. (2d) 222; Sharp v. State, 151 Tex. Cr. R. 637, 210 S. W. (2d) 174; Humphrey v. State, 152 Tex. Cr. R. 203, 112 S. W. (2d) 159. See also 4 Tex. Jur. p. 253, sec. 178.

Appellant, in his brief, makes many references to, and quotations from, the testimony of the arresting officers, and cites us to certain contradictions thereof. Unfortunately, there is no statement of facts present in the record and we cannot take the statements made in a brief as furnishing us with a knowledge of the facts proven, nor can we go to the multifarious bill of exception therefor.

We find nothing for further review, and the judgment will be affirmed.