Summerville v. State

MORRISON, Presiding Judge.

The offense is carrying a pistol; the punishment, a fine of $100.00.

The testimony of a regular and an auxiliary policeman of the city of Deer Park reflects that they observed an automobile violating certain traffic regulations, pursued it, and found the appellant to be the driver, and “three or four other people” riding in the automobile, in the glove compartment of which they found a pistol.

We need not pass upon the legality of the search of the automobile because we find the evidence insufficient to establish that the pistol was in the possession of the appellant.…