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[Cite as Mangum v. State, (Tex. Crim. App.) 90 S.W. 31 (1905).]


(Court of Criminal Appeals of Texas. Nov. 15, 1905.)

Weapons--Unlawfully Carrying Weapons.

Carrying a pistol to a shop to have it repaired and returning home with it, is not an unlawful carrying of a pistol, within the meaning of Pen. Code, art. 338.

Appeal from Trinity County Court; C. H. Crow, Judge.

Will Mangum was convicted of unlawfully carrying a pistol, and appeals. Reversed.

Howard Martin, Asst. Atty. Gen., for the State.

HENDERSON, J. Appellant was convicted, under article 338, Pen. Code, for unlawfully carrying a pistol, and fined $25. The uncontroverted evidence shows that appellant carried the pistol to a shop to have it repaired, and was returning home with it, when witnesses saw him with it. This is not an unlawful carrying, within the meaning of the statute, as held in Pressler v. State, 19 Tex. App. 52, 53 Am. Rep. 383.

Because the evidence is not sufficient to sustain the conviction, the judgment is reversed, and the cause remanded.