Talley v. State

Appellant, according to the evidence in behalf of the state, had an altercation with a neighbor about a fence line, and during this altercation the appellant, in the presence of three or more persons, pulled from his pocket a pistol and exhibited the same in a rude, angry, or threatening manner, not in necessary self-defense; but instead of proceeding against appellant by and under an indictment for that offense under section 860, Code 1930, the appellant was indicted under section 853, Code 1930, for the carrying of a concealed weapon.

To the indictment thus presented, appellant filed a…