Long v. State

DICE, Judge.

The conviction is under Art. 489c, V.A.P.C. for the unlawful possession of a pistol by a person who had been previously convicted of burglary; the punishment, 2 years in the penitentiary.

The indictment alleged that appellant, on or about the first *178day of February, 1959, had in his possession away from the premises upon which he then resided, a pistol, he having been convicted on April 7, 1954, in cause No. 1949 in the 70th Judicial Court of Midland County, Texas, of burglary and served a term in the penitentiary under such sentence.

Briefly, the state’s testimony shows that on the…