Duran v. State

WOODLEY, Presiding Judge.

The offense is unlawfully carrying a pistol; the punishment, 180 days in jail.

The evidence is undisputed that appellant had a pistol when a difficulty arose and one Lupe Sanchez was shot and killed after appellant was stabbed with an ice pick and otherwise assaulted by Sanchez and six or seven of his companions.

Appellant was not acquainted with any of the boys. It was his testimony that, as he was walking from the bus to his mother-in-law’s home, the boy threatened to beat him up and drew a knife and said: “I’m going to cut you up,” and he ran; that when he left to go…