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Erwin v. State

Roy Randolph ERWIN, Appellant, v. the STATE of Texas, Appellee

Erwin v. State, 463 S.W.2d 13 (Tex. Crim. App. 1971)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
February 10, 1971
Docket
No. 43435
Judges
Odom
Citations
463 S.W.2d 131971 Tex. Crim. App. LEXIS 1649

Opinion — Odom

OPINION ODOM, Judge.

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 rulings 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 31972: 11984: 119712026peak 1971 · 3

Relies on it most ⓘ

  1. Thiel v. State676 S.W.2d 593 (Tex. Crim. App. 1984)
  2. Smith v. State473 S.W.2d 216 (Tex. Crim. App. 1971)
  3. Campbell v. State480 S.W.2d 391 (Tex. Crim. App. 1972)
  4. Nichols v. State474 S.W.2d 205 (Tex. Crim. App. 1971)
  5. Smith v. State468 S.W.2d 448 (Tex. Crim. App. 1971)

Most recent

  1. Thiel v. State676 S.W.2d 593 (Tex. Crim. App. 1984)
  2. Campbell v. State480 S.W.2d 391 (Tex. Crim. App. 1972)
  3. Nichols v. State474 S.W.2d 205 (Tex. Crim. App. 1971)
  4. Smith v. State473 S.W.2d 216 (Tex. Crim. App. 1971)
  5. Smith v. State468 S.W.2d 448 (Tex. Crim. App. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Keel v. State, 434 S.W.2d 687 (Tex. Crim. App. 1968) 41
Huffman v. State, 450 S.W.2d 858 (Tex. Crim. App. 1970) 25
McElroy v. State, 455 S.W.2d 223 (Tex. Crim. App. 1970) 25
Dailey v. State, 436 S.W.2d 346 (Tex. Crim. App. 1968) 15

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