Upton v. State
Court of Criminal Appeals of Texas
Appeal from tbe County Court of Karnes. Tried below before Hon. W. A. Little, County Judge. Appellant, Monroe Upton, was charged by complaint and information, in tbe County Court of Karnes County, with unlawfully carrying a pistol. At bis trial be was convicted, with punishment assessed at a fine of $25, from which judgment be appealed to this court.
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Appeal from tbe County Court of Karnes. Tried below before Hon. W. A. Little, County Judge. Appellant, Monroe Upton, was charged by complaint and information, in tbe County Court of Karnes County, with unlawfully carrying a pistol. At bis trial be was convicted, with punishment assessed at a fine of $25, from which judgment be appealed to this court. As a clear and sufficient statement of tbe facts is given in tbe opinion, we do not deem it necessary to reproduce them here. . presented and discussed fully, in their able brief and also in their motion for rehearing filed herein, which was…
1Opinion of the Court
DAYIDSON, Judge;
Defendant sought to avoid the effect of the State’s case by proving the sale of his half-interest in the pistol carried by him to one Ragsdale, and that at the time he was seen with it he was carrying it to the purchaser, and never had it in his possession afterwards. During this trip he was off his mother’s premises, where he lived. To meet this evidence, Hyatt was recalled for the State, and testified that defendant had the same pistol subsequently on his mother’s premises. This was clearly admissible. It bore directly and pertinently upon the honesty of the defense, and was…
2Cited by12 opinions
- Montgomery v. StateCourt of Criminal Appeals of Texas · 1912
- Utsler v. StateCourt of Criminal Appeals of Texas · 1917
- Dolezal v. StateCourt of Criminal Appeals of Texas · 1917
- Lebman v. StateCourt of Criminal Appeals of Texas · 1936
- Abernathy v. StateCourt of Criminal Appeals of Texas · 1907
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