Oliver v. State

OPINION

BELCHER, Judge.

The offense is unlawfully carrying a pistol; the punishment, 181 days in jail.

The appellant contends the trial court erred in admitting in evidence the pistol because it was seized by the police officers during an illegal search of the appellant’s person.

Officer J. F. Kilty of the Houston Police Department testified that he and Officer G. R. Hake were on patrol when they stopped the appellant for a routine driver’s license check. When Kilty asked the appellant for his driver’s license, the appellant stated that he had no driver’s license. Kilty then asked the appellant…