Smith v. State

ON STATE’S MOTION FOR REHEARING.

GRAVES, Judge.

The original opinion herein dated January 26, 1949, is withdrawn and the following substituted therefor:

Appellant plead guilty to a jury on a charge of unlawfully carrying a pistol and his punishment was assessed at one year in the county jail.

Appellant was in a dance hall in the town of Waxahachie. Two policemen were called to the place because of a difficulty between two Negro boys. The dance hall was on the second floor of a downtown building and was made accessible by an outside staiway. One of the policemen ascended it and, when he was…