Fitzgerald v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of carrying a pistol. The State’s case is that appellant was in the town of Center, Shelb)' County, loading his wagon with some purchases he had made from a store, when one of the proprietors observed a pistol in his coat pocket; he took him to one side and called his attention to it. Appellant replied it was out of repair and he brought it to a shop to be repaired. In support of this statement, himself and his son testified that the pistol was out of repair and could not be used, and that in going to the town of Center he brought the pistol…