Thompson v. State

The only defense in the case at bar was raised by the appellant’s testimony from which I quote in part:

“Q Did anything occur as you ran around that corner of 12th and Salina?

A Yes.

Q What was that?

A My pistol went off.

Q Did you have that pistol in your hand?

A Yes, I had it in my hand, you know, holding it in my holster as I was running.

Q You had it in your hand, holding it in the holster ?

A Right. '

Q What happened 'to the holster ?

A Well, after I shot, it split the holster open on the bottom.

*625Q All right, now there was testimony earlier, I believe, to the effect that way back down at the Groovy…