Grant v. State

DISSENTING OPINION.

LATTIMORE, Judge.

— I am sorry to be in disagreement with ■ my Brethren, but we have always held that the facts in any case are peculiarly for the trial judge and jury, and will not be disturbed by us save in case the judgment be without support. In this case appellant had the pistol beyond question; he went about fifty miles from one ranch to another, traveling on one of the most frequented highways in the State. His employer testified for him, and on cross-examination said:

“One traveling the road that the defendant did is in sight of houses all the way, unless it is for…