
    STALLWORTH v. STATE.
    (Court of Criminal Appeals of Texas.
    March 27, 1912.
    On Motion for Rehearing, May 8, 1912.)
    1. Bail (§ 64) — In Criminal Prosecutions —Recognizance on Appeal — Requisites and Validity.
    An appeal from a conviction of misdemean- or will be dismissed where the recognizance does not state that appellant was convicted of misdemeanor, or describe a statutory offense, or state the penalty assessed.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. § 278; Dec. Dig. § 64.]
    On Motion for Rehearing.
    2. Criminal Law (§ 1124) —Appeal — Review— New Trial — Newly Discovered Evidence.
    Where the affidavits of the witnesses were not attached to a motion for new trial on the ground of newly discovered evidence, and no evidence was offered on the hearing of the motion, its denial cannot be reviewed on appeal.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2939, 2946-2948; Dee. Dig. § 1124.]
    3. Criminal Law (§ 1159) —Appeal— Review1 — Evidence.
    Where accused’s explanation of her possession of the pistol she was accused of unlawfully carrying was contradicted by the evidence offered by the state, which, if true, was sufficient to support a conviction, the verdict will not be disturbed on appeal.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 3074-3083; Dee. Dig. § 1159.]
    Appeal from Limestone County Court; W. A. Keeling, Judge.
    Pauline Stallworth was convicted of unlawfully carrying a pistol, and she appeals.
    Affirmed.
    Kennedy & Blackmon, of Groesbeck, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am- Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was prosecuted under information and complaint charging her with unlawfully carrying a pistol, and the trial resulted in her conviction.

The Assistant Attorney General has filed a motion to dismiss this appeal on the ground that the recognizance does not state that she had been convicted of a misdemeanor; neither does it describe a statutory offense nor state the penalty assessed.

From an inspection of the recognizance, it appears that these grounds must be sustained, and the appeal is dismissed.

On Motion for Rehearing.

This case was dismissed at a former day of this term on account of a defective recognizance. Appellant has filed a recognizance as provided by law, and we will dispose of the case on its merits. This case was tried by the court without a jury, and appellant was adjudged guilty of unlawfully carrying a pistol, and her punishment assessed at a fine of $100.

There are but two grounds assigned in the motion; the insufficiency of the evidence, and alleging newly discovered evidence. No affidavits are attached to the motion asserting newly discovered evidence, and no reason given why the affidavits of the witnesses were not attached; no evidence was introduced when the motion was heard, and we cannot therefore consider that ground on appeal.

As to the sufficiency of the evidence, if the evidence offered on behalf of the state is true, it supports the verdict. The defendant gave a reasonable account of her possession of the pistol consistent with her innocence, but the state’s witness contradicted her testimony. In this condition of the record we are not authorized to disturb the verdict.

The judgment is affirmed.  