Tolbert v. State

MORRISON, Judge.

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

Three state’s witnesses testified that they saw appellant near the door of the cafe with a pistol in his hand.

Appellant testified, admitting that he had been at the cafe on the time in question, that he had had an argument with the proprietor over the nickleodian but denied that he had a pistol of any kind with him on that occasion.

Having testified, he thereby established his defensive issues.

The great majority of the bills of exception complain of the court’s failure to charge that the pistol…