Opinion
No. 3087.
Decided April 25, 1906.
Carrying Pistol — Appeal.
Where defendant had been convicted in the justice court for unlawfully carrying a pistol and appealed to the county court, where he was again convicted and his punishment fixed at a fine of $25, he could not appeal to the Court of Criminal Appeals.
Appeal from the County Court of San Patrico. Tried below before Hon. P.A. Hunter.
Appeal from a conviction of unlawfully carrying a pistol about his person; penalty, a fine of $25.
The opinion states the case.
G.R. Scott, for appellant.
J.E. Yantis, Assistant Attorney-General, for the State.
Appellant was convicted in the justice court for unlawfully carrying a pistol, and appealed to the county court where he was again convicted and his punishment fixed at a fine of $25, and thence attempts to appeal to this court. Appeal will not lie in such case unless the amount of the fine exceeds $100. Therefore the motion of the Assistant Attorney-General to dismiss the appeal is sustained, under the authority of Kruegel v. State, 12 Texas Ct. Rep., 234. Appeal dismissed.
Dismissed.