Deuschle v. State

MARTIN, Judge.

Appellant was convicted under Art. 1151 of the Penal' Code, the indictment charging that while unlawfully carrying on and about her person a pistol she unlawfully and wilfully made an assault upon Martha Weiland, penalty a fine of $75.00.

Under this indictment it devolved upon the state to show: (1) That appellant unlawfully assaulted the prosecuting witness with a pistol, and (2) that the pistol was then and there being unlawfully carried by appellant. Art. 1151, P. C.; Reneau v. State, 291 S. W. 899. The evidence we deem sufficient upon the first of these issues and that upon…