Oakley v. State

LATTIMORE, Judge.

Conviction for carrying a pistol, punishment thirty days in the county jail.

There seems no question from the state’s testimony but that appellant had the pistol on the occasion in question. The state witnesses testify positively to that fact. Appellant and another man testified equally as positively that appellant did not have a pistol on said occasion.

There are two bills of exception in the record. In our opinion the second of said bills manifests an error for which the case must be reversed. Appellant took the witness stand in his own behalf and denied having the pistol in…