Drake v. State

• Decision Date: 27 March 1912
• Citation: 145 S.W. 622
• Parties: DRAKE v. STATE.
• Court: Texas Court of Criminal Appeals

145 S.W. 622

DRAKE v. STATE.

Court of Criminal Appeals of Texas.

March 27, 1912.

Appeal from Tyler County Court; R. A. Shivers, Judge.

Rod Drake was convicted of unlawfully carrying a pistol, and he appeals. Affirmed.

C. E. Lane, Asst. Atty. Gen., for the State.

PRENDERGAST, J.

Appellant was prosecuted and convicted for unlawfully carrying a pistol, and his punishment fixed at $100 fine.

There is no statement of facts contained in the record, as required by law. There is with the file a separate paper, which, while rather indefinitely identified as such, was intended for the original statement of facts. It has been the uniform holding of this court that, in misdemeanor cases, such purported statement of facts cannot be considered. It is unnecessary to cite the cases, though we call attention to some of the more recent ones. Looper v. State (two cases) 136 S. W. 791; Carney v. State, 140 S. W. 440; Wagoner v. State, 140 S. W. 339; Morris v. State, 140 S. W. 775; Brogdon v. State, 140 S. W. 352; Jenkins v. State (two cases) 141 S. W. 222, 223; Skinner v. State, 141 S. W. 231.

The only questions attempted to be raised by the appellant cannot be considered without a statement of the facts. This is in accordance with the uniform and long holding of this court.

The judgment will be affirmed.