Lebman v. State

CHRISTIAN, Judge.

The offense is possession of a machine gun; the punishment, confinement in the penitentiary for five years.

The prosecution proceeded under Chap. 82, Acts of the First Called Session of the 43rd Legislature, denouncing the possession or use of a machine gun. The indictment charged, in substance, that appellant unlawfully possessed a machine gun.

Appellant made saddles and harness, and repaired guns. On the 28th of April, 1934, agents of the Department of Justice of the United States discovered a machine gun in his place of business in the city of San Antonio.

The statute under…