Rodgers v. State

on rehearing

June 23, 1919.

MORROW, Judge.

The record having been perfected, the dismissal heretofore entered is set aside.

The prosecution is for unlawfully carrying a pistol. A pistol was taken from the possession of the appellant by officers. The State’s witness describing the locality, says: “That the appellant was in quarters at Mayo. ITé was there in quarters but not in any house, but near a house he claimed as his, which was the nearest house in forty or fifty feet from where the pistol was taken from him.” The appellant claimed that he heard a noise behind his house and took his pistol in…