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[Cite as Sanderson v. State, 23 Tex. App. 520
Lormy Sanderson v. The
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
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.