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255 S.W.2d 223

Smith v. State

Court of Criminal Appeals of Texas

Decided February 28, 1953

Court of Criminal Appeals of Texas · decided 1953-02-28

Good law ✅— No negative treatment on recordhow we know

Decided 1953-02-28

How this case has been cited

Cited by 17 later decisions — most recently August 1988

16 state decisions

701953196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BELCHER, Commissioner.

¶1The offense is unlawfully carrying a pistol; the punishment, a fine of $250.

¶2Testimony of the state shows that on the morning o.f August 13, 1952, appellant was riding in an automobile along one of the streets in Houston; that he stopped by a lot on which several men were building a fence. Appellant got out and went on the lot where the men were, and the testimony shows that he had a pistol on his person. He later returned with it to the car in the street.

¶3Appellant and his witnesses testified that he was not carrying a pistol.

¶4The issue of guilt was resolved against the appellant by the court.

¶5The informal bills of exception have been examined and are deficient in that they go to the exclusion of testimony, and it is not shown what the answer or answers would have been if given by the witness.

¶6The evidence is sufficient to support the conviction.

¶7The judgment of the trial court is affirmed.

¶8Opinion approved by the court.

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