Bivins v. State

The defendant was convicted of carrying a pistol concealed. The witness for the State testified that on' September 1, while the defendant was with him in his cotton-house, and was stooping over, he saw a pistol in the inside pocket of the defendant’s coat. The witness further testified, that he could not see the pistol before the defendant stooped over, and did not see it afterwards. The defendant, in hi's statement, denied having any pistol. He excepts to the overruling of his motion for a new trial. The special exception urged by him is that the trial judge “erred in failing to charge the…