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262 S.W.2d 510

Weaver v. State

Court of Criminal Appeals of Texas

Decided December 2, 1953

Court of Criminal Appeals of Texas · decided 1953-12-02

Cited by 1 later decisions — most recently September 2005

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1953-12-02

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DAVIDSON, Commissioner.

¶1This is a conviction for unlawfully carrying a pistol; the punishment, a fine of $100.

¶2A policeman apprehended appellant in the driveway of a tourist court and asked him if he had a pistol. Appellant replied that he had, and handed the pistol to the officer.

¶3If we understand appellant’s position before this court, it is that we should hold the facts insufficient to support the conviction because of the lack of authority in the policeman to stop the appellant, as a result of which the pistol came into the officer’s possession.

¶4The pistol was not found as a result of any search of appellant’s person, or otherwise. Appellant, when asked, voluntarily delivered the pistol to the officer.

¶5Appellant’s contention that the pistol was obtained as a result of an unlawful search or arrest does not appear to find support in the evidence.

¶6The judgment is affirmed.

¶7Opinion approved by the Court

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