Morris v. State

Shulman, Presiding Judge.

On July 9, 1980, appellant was being transported from the Douglas County jail to a doctor’s office. When appellant was searched prior to being transported, he attempted to put his right hand into his pocket. The guards found in that pocket a broken pen, a .22 bullet, and a rubber band. The pen and bullet were put together in a manner commonly known as a “zip gun.” Appellant was placed in an isolation cell where his bedding subsequently caught fire.

During the trial, a police sergeant testified that, in his opinion, the device found on the appellant’s person was capable…