Miles v. State

PRENDERGAST, Presiding Judge.

Appellant was convicted of carrying a pistol and fined $100.

The testimony showed he carried, at the time alleged, what all the witnesses called a pistol, and so did he. He and other witnesses further testified that it would not shoot and could not be made to shoot, and that they had both before, and about the time he was charged with carrying it, and soon afterwards, tried time and again to shoot it, but it would not shoot and could not be made to shoot. That the plunger was so short it would not striké the cap and explode the cartridge.

Appellant, in due time,…