Rogers v. State

On Motion for Rehearing.

The record having been perfected, the dismissal heretofore entered is set aside.

[2,3] The prosecution is for unlawfully carrying a pistol. A pistol was taken from the possession of the appellant by officers. The state’s witness, describing the locality, says:

’“That the appellant was in quarters at Mayo. He was there in quarters, but not in any house, but near a house he claimed as his, which was the nearest house in 40 or 50 feet from where the pistol was taken from him.”

■ The appellant claimed that he heard a noise behind his house, and took his pistol in his hand and…