170 S.W. 144

BOREN v. STATE.

(No. 3265.)

(Court of Criminal Appeals of Texas.

Oct. 21, 1914.)

Criminal Law (§ 1097*) — A:ppea]>-Recobd— Matters Presented foe Review.

On appeal from a conviction for unlawfully carrying a pistol, the refusal of a special charge, based on accused’s contention that he was on his own premises, could not be reviewed, in the absence of a statement of facts, as it could not be determined whether such issue was raised by the testimony.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2862, 2864, 2926, 2934, 2938, 2939, 2941, 2942, 2947; Dec. Dig. | 1097.*]

Appeal from 'Dallas County Court, at Law; W42P. Whitehurst, Judge.

S. E. Boren was convicted of unlawfully carrying a pistol, and he appeals.

Affirmed.

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

HARPER, j.

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

By the special charge requested we should judge that the contention made by appellant was that he was on his own premises; but as no statement of facts accompanies the record, we cannot determine whether or not that issue was raised by the testimony. In the absence of a statement of facts, no issue is raised in the motion for a new trial which we can review.

Affirmed.

Boren v. State
170 S.W. 144

Case Details

Name
Boren v. State
Decision Date
Oct 21, 1914
Citations

170 S.W. 144

Jurisdiction
Texas

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