Walker v. State

DAVIDSON, Judge.

The offense is unlawfully carrying a pistol; the punishment, a fine of $300.

The “Wagon Wheel Inn’ is a night club for and patronized by Negroes in Lubbock.

Shortly after midnight on Saturday, September 22, 1945, and while some two hundred patrons were in the club and on the dance floor, appellant displayed a, pistol and while waving it around his head, said:

“I am going to take over — all you s- o- b’s get out.”

A general exodus ensued; the club was soon emptied.

Witnesses testified that appellant drew the pistol from his pocket. However, one witness testified that appellant’s…