Walker v. State

DAVIDSON, Presiding Judge.

Appellant was convicted for carrying a pistol. The evidence shows that quite a crowd of negroes had gathered at a frolic or festival of some sort on Christmas; that among others present was the defendant and a negro named Billups; that Billups was standing in the yard at night talking to a negro woman and appellant shot him with a pistol. On this evidence the State relied for a conviction.

It is contended that as there was a public gathering in the house near which this trouble occurred, appellant should have been charged with carrying a pistol at a public assembly,…