Baldwin v. State

Decided November 21, 1917

Court of Criminal Appeals of Texas · decided 1917-11-21

1.—Unlawfully Carrying a Pistol—Notice of Appeal—Statement of Pacts. Where the record fails to contain a notice of appeal, this court has no jurisdiction; besides, the transcript fails to show an order of the court allowing the filing of a statement of facts and bills of exception. However, the defects having been remedied the appeal is reinstated. 3.—Same—Evidence—Impeaching Witness—Ill-will. Where the principal State’s witness testified that no ill-feeling existed between him and the defendant, it is reversible error to refuse the defendant to show that such feeling did exist, and he should have been permitted to show for the purpose of impeaching State’s witness his ill-will against the defendant; although the State might have shown the contrary.

Decided 1917-11-21

DAVIDSON, Presiding Judge.

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

¶2 There are two troubles in the record which precludes the consideration of the matters presented for revision. The first is, the record does not contain notice of appeal, and, second, there is not found in the transcript an order of the court allowing the filing of statement of facts and bills of exception after the termination of the term of court. Por these reasons the appeal can not be considered, and if it could be, without proper order in the record authorizing the consideration of these matters, they could not be reviewed.

¶3 Por the reason indicated, viz: want of notice of appeal, the appeal will be dismissed.

¶4 Dismissed.