Smith v. State

DAVIDSON, Presiding Judge.

It is contended the evidence is not sufficient to justify appellant’s punishment for carrying a pistol. The State introduced the witness Maceo, the substance of whose testimony is that he saw appellant in the office of the Brick Company at Dakota with a pistol; that he had it on his person and it fell out on the floor. This is the State’s case. Appellant’s testimony admits that he had the pistol on the occasion and at the place indicated by the State’s witness Maceo. His evidence further discloses that the Brick Company owned a store-house, which had been rented to…