Morris v. State

Decision Date04 February 1914
Citation163 S.W. 709
PartiesMORRIS v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from Donley County Court; J. C. Killough, Judge.

Albert Morris was convicted of unlawfully carrying a pistol, and he appeals.Reversed and remanded.

E. A. Simpson, of Clarendon, for appellant.C. E. Lane, Asst. Atty. Gen., for the State.

HARPER, J.

Appellant was prosecuted and convicted of the offense of unlawfully carrying a pistol.The case was tried before the court without a jury, and there accompanies the record both a statement of facts and "conclusions of fact and law" filed by the court.The conclusions of fact and law are not authorized to be filed by law in criminal cases, but we have read these conclusions, because they furnish us the basis upon which the court adjudged appellant guilty.

The court finds that appellant was working for the cold storage company, and carried his pistol from his home to the place he was at work to repair it; that he left it and went to a show, and after returning from the show he went to the cold storage plant and got the pistol for the purpose of carrying it to his home; that he started home, but, finding he had no tobacco, he retraced his steps two blocks, got the tobacco, and again...

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7 cases
  • Gandy v. State
    • United States
    • Texas Court of Criminal Appeals
    • 12 Noviembre 1924
    ...St. Rep. 1000; Roberts v. State, 60 Tex. Cr. R. 112, 131 S. W. 321; Decker v. State, 72 Tex. Cr. R. 88, 160 S. W. 1192; Morris v. State, 73 Tex. Cr. R. 67, 163 S. W. 709; Buckley v. State, 70 Tex. Cr. R. 550, 157 S. W. 765; Wilson v. State, 86 Tex. Cr. R. 356, 216 S. W. 881; Rosebud v. Stat......
  • Mattias v. State
    • United States
    • Texas Court of Criminal Appeals
    • 29 Abril 1987
    ...to fulfill the act met the 'knowingly' requirement." It was upon these "findings" the Court of Appeals relied. In Morris v. State, 73 Tex.Cr.R. 67, 163 S.W. 709 (1914), it was held that where a criminal prosecution is tried by the court without a jury, the court is not authorized to file fi......
  • Lebman v. State
    • United States
    • Texas Court of Criminal Appeals
    • 27 Mayo 1936
    ...of repairing it. Mangum v. State (Tex.Cr.App.) 90 S.W. 31; Roberts v. State, 60 Tex.Cr.R. [111] 112, 131 S.W. 321; Morris v. State, 73 Tex.Cr.R. 67, 163 S.W. 709; Fitzgerald v. State, 52 Tex.Cr. R. [265] 266, 106 S.W. 365, 124 Am.St. Rep. 1095. Or a pistol may be carried from store to store......
  • Deuschle v. State
    • United States
    • Texas Court of Criminal Appeals
    • 2 Noviembre 1927
    ...of repairing it. Mangum v. State (Tex. Cr. App.) 90 S. W. 31; Roberts v. State, 60 Tex. Cr. R. 112, 131 S. W. 321; Morris v. State, 73 Tex. Cr. R. 67, 163 S. W. 709; Fitzgerald v. State, 52 Tex. Cr. R. 266, 106 S. W. 365, 124 Am. St. Rep. 1095. Or a pistol may be carried from store to store......
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