Public-domain · open source
OpenJurist

73 Tex. Crim. 144

164 S.W 377

Oswald v. State

Court of Criminal Appeals of Texas

Decided February 25, 1914

Court of Criminal Appeals of Texas · decided 1914-02-25

<p>Carrying Pistol—Recognizance—Variance.</p> <p>Where, upon appeal from a conviction of unlawfully carrying a pistol the recognizance was defective, the appeal must be dismissed; besides, there was no variance in the date of the offense as contended for.</p> <p>[Behearing denied March 18, 1914.—Beporter.]</p>

Decided 1914-02-25

HABPEB, Judge.

¶1 Appellant was prosecuted and convicted of unlawfully carrying a pistol, and his punishment assessed at a fine of $100.

¶2 The recognizance in this case is insufficient in law to confer jurisdiction on this court, and the case must, therefore, be dismissed, hut if it was properly before us there is no ground in the motion for a new trial that would authorize a reversal of the case. There is no variance in the date of the offense in the complaint and information and the date as ■stated in the charge of the court as contended by appellant, in the record before us.

¶3 The appeal is dismissed.

¶4 Dismissed.

/73/texcrim/144 · .json · Public domain