Fielder v. State
Court of Criminal Appeals of Texas
iAppeal from the Criminal District Court of Dallas. Tried below before the Hon. W. L. Crawford, Jr. Appeal from a conviction of unlawfully carrying a pistol; penalty, one year confinement in the county jail. The opinion states the case. Cited eases in the opinion.
1Opinion of the Court
PEENDEEGAST, PRESIDING Judge.
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…
2Cases cited1 opinion
- State v. FathereeTexas Supreme Court · 1859