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[Cite as Sanderson v. State, 23 Tex. App. 520 (1887).]

No. 5153.

Lormy Sanderson v. The State.

Carrying a Pistol--Fact Case.--See the opinion for evidence held insufficient to support a conviction for carrying a pistol.

Appeal from the County Court of McLennan. Tried below before the Hon. W. W. Evans, County Judge.

The opinion states the case. The penalty assessed was a fine of twenty-five dollars.

Anderson, Flint & Anderson, for the appellant.

W. L. Davidson, Assistant Attorney General, for the State.

Hurt, Judge. Upon the following testimony appellant was convicted of unlawfully carrying a pistol:

J. W. Simpson testified: One day last February, in McLennan county, Texas, witness and defendant were riding along the road going after wood, and a rabbit jumped up, and he, witness, handed defendant his, witness's, pistol, and asked defendant to shoot the rabbit. Defendant took the pistol, walked a step or two, shot at the rabbit and handed it back to witness.

The evidence does not support the conviction (Cathey v. The State, ante p. 492.)

Reversed and remanded.

Opinion delivered June 11, 1887.