Matthews v. State

DICE, Commissioner.

Our prior opinion is withdrawn.

Appellant waived a trial by jury, entered a plea of guilty before the court to the charge of unlawfully carrying a pistol, and was assessed punishment at confinement in jail for six months.

At the hearing, Clarence Robertson, called as a witness by the state, testified that *732on the night in question he came out of a tavern, met the appellant, and, upon saying “ ‘Good evening,’ ” appellant did not reply but removed a pistol from his coat pocket and shot the witness in the hip.

Appellant complains of the court’s action in admitting such evidence…