Adair v. State

OPINION

DICE, Judge.

The conviction is for unlawfully carrying a pistol; the punishment, a fine of $101.

Trial was before the court, a jury being waived, upon appellant’s plea of not guilty.

The evidence shows that the pistol was recovered from underneath the arm rest in the middle of the front seat of appellant’s automobile by a City of Dallas police officer on the occasion of his arrest for a moving traffic violation.

It was further shown that prior to the search, the appellant “kept getting in front” of the officer as he walked toward the automobile, which actions aroused the officer’s…