Moten v. State

Krueger, Judge.

Conviction is for unlawfully carrying a pistol; punishment assessed is a fine of $100.00.

Appellant challenges the sufficiency of the evidence to justify and sustain his conviction. The state’s testimony, briefly stated, shows that about midnight of May 15, 1938, W. E. Worthy saw appellant going across the railroad tracks in the City of Dallas, and saw him shoot a pistol. He caught the appellant, took the pistol away from him and turned both appellant and the pistol over to a city policeman.

Appellant testified in his own behalf. He admitted having a pistol, but denied shooting…