Leonard v. State

BROOKS, Judge.

Appellant was convicted of unlawfully carrying a pistol. The facts in the ease show that appellant started to town with his wife and children in a buggy borrowed from his brother. On the way to town one of the prosecuting witnesses saw appellant get out of the buggy, take a pistol out of his pocket and put it under the cushion of the buggy. The defense’s testimony shows, however, that appellant borrowed the buggy from his brother, not knowing the pistol was under the cushion, and did not know it was under the cushion until the officers searched the buggy and found the pistol…