From Casetext: Smarter Legal Research

Erwin v. State

Court of Criminal Appeals of Texas
Feb 10, 1971
463 S.W.2d 13 (Tex. Crim. App. 1971)

Opinion

No. 43435.

February 10, 1971.

Appeal from the County Criminal Court No. 3, Dallas County, James H. Guthrie, J.

Grady Inzer, Longview, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., and Edgar A. Mason, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


This appeal is from a conviction of unlawfully carrying a pistol; the punishment was assessed by a jury at a fine of $100.00.

An examination of the appellant's brief shows that it contains a statement of the nature of the case and 'discussion.' Extraneous offenses and what the defense offered to stipulate during the trial are discussed, along with 22 different references to specific pages in the record. This does not properly assign error as required by Art. 40.09, Sec. 9, V.A.C.C.P. In order to ascertain appellant's complaint in this matter, it would be necessary for the court to search the entire record; a procedure which was not condoned in McElroy v. State, Tex.Cr.App., 455 S.W.2d 223. Appellant complains of general rullings of the trial court and this fails to meet the requirements of Art. 40.09, Sec. 9, V.A.C.C.P. Huffman v. State, Tex.Cr.App., 450 S.W.2d 858; Dailey v. State, Tex.Cr.App., 436 S.W.2d 346; Keel v. State, Tex.Cr.App., 434 S.W.2d 687.

There being no proper assignment of error and nothing contained in the record which we should consider as unassigned error, under Section 13 of said Art. 40.09, supra, the judgment is affirmed.


Summaries of

Erwin v. State

Court of Criminal Appeals of Texas
Feb 10, 1971
463 S.W.2d 13 (Tex. Crim. App. 1971)
Case details for

Erwin v. State

Case Details

Full title:Roy Randolph ERWIN, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Feb 10, 1971

Citations

463 S.W.2d 13 (Tex. Crim. App. 1971)

Citing Cases

Thiel v. State

Further, mere reference to pages of record does not sufficiently identify complained of testimony and rulings…

Smith v. State

Error has not been properly assigned as required by Article 40.09, Sec. 9, Vernon's Ann.C.C.P. This court…