Daniels v. State

WOODLEY, Judge.

The offense is unlawfully carrying a pistol; the punishment, three months in jail.

The state’s evidence shows that appellant was arrested for being drunk in a public place by an officer of the La Marque Police Department. The officer drove him to the police station in his patrol car where he searched him and found a pistol in his coat pocket.

Appellant seeks reversal upon the grounds (1) that the arrest was unlawful; (2) the court erred in refusing to submit to the jury the question of whether the defendant was intoxicated; (3) the search was not an incident to the arrest and (4)…