State v. Williams

SMITH, Special Judge.

Defendant was convicted by a jury of carrying a concealed weapon, a .38 caliber pistol, and upon inability of the jury to agree on punishment, was sentenced by the court to one year imprisonment in the county jail. Defendant appeals.

His initial contention is that the court erred in not sustaining his motion for directed verdict of acquittal at the close of the case. We agree. That defendant had a pistol within his easy reach is not disputed. Whether it was concealed and whether defendant intended to conceal it were the contested issues.

Defendant, with a passenger in his…