Garza v. State

LATTIMORE, Judge.

Appellant was convicted in the County Court of Brazoria County, of unlawfully carrying a pistol, and his punishment fixed at a fine of $100.

The complaint and information charge appellant with carrying a “pistle.” The testimony shows that he carried a “pistol.” Objection was made to this testimony on 'the ground of variance between the allegation and proof. It is urged that “pistle” is a word meaning a communication, and that the well known rules of idem sonans and bad spelling do not apply. Appellant’s authority for asserting that “pistle” is the name of a communication, is…