Linsey v. State

WOODLEY, Judge.

Upon a trial before the court, no jury being demanded, appellant was convicted for carrying a pistol and was assessed a fine of $125.00.

The evidence, viewed from the standpoint of the state, shows that shortly after midnight appellant was standing on the sidewalk in front of a “beer joint” where a disturbance was in progress, or had been. He had a loaded pistol in his hand, and was heard to say “let him come on out here for I got my heater with me.”

The pistol was taken from him by the witness Thompson, who was “on a job for the FBI.”

Appellant testified that he had loaned the…