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151 S.W. 542

Williams v. State

Court of Criminal Appeals of Texas

Decided November 27, 1912

Court of Criminal Appeals of Texas · decided 1912-11-27

<p>Okiminal Law (§ 1097*) — Appeal—Refusal of Instructions — Record—Review.</p> <p>Where there is no statement of facts in the record, refusal of a requested charge is not reviewable; and the presumption is that the court, in submitting the offense charged, properly submitted the case.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 29S4, 2938, 2939, 2941, 2942, 2947; Dec.Dig. § 1097.*]</p>

Affirmed · Decided 1912-11-27

HARPER, J.

¶1Appellant was ‘ prosecuted under an information and complaint charging him with unlawfully carrying a pistol, and his punishment assessed at eight months’ confinement in jail.

¶2There are neither a statement of facts nor any bill of exceptions accompanying the record. The information charges an offense, and the charge of the court submits this offense to the jury. A number of special charges were requested, but in the absence of a statement of facts we are unable to say whether or not they should have been given; the presumption being that the court properly submitted the case to the jury.

¶3The judgment is affirmed.

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