Polk v. State

McDONALD, Judge.

The offense is unlawfully carrying a pistol; the punishment, 180 days in jail.

Evidence adduced upon the trial below is before this Court by an agreed statement of facts in narrative form.

Officer T. J. Karalis, of the Houston Police Department, testified that on the night of November 5, 1980, while on routine patrol, he stopped at the Rose Kitchen, located in the City of Houston ; that he observed appellant “staggering” in his walk and upon engaging appellant in conversation, noticed that he talked with a “thick tongue”; that appellant’s breath smelled of alcohol; that in his…