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385 S.W.2d 387

Moore v. State

Court of Criminal Appeals of Texas

Decided January 6, 1965

Court of Criminal Appeals of Texas · decided 1965-01-06

Cited by 1 later decisions — most recently November 1975

1 state decisions

Relies on 69 Tex. Crim. 55 - Crain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1965-01-06

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WOODLEY, Judge.

¶1The offense is unlawfully carrying a pistol; the punishment, a fine of $100.

¶2The evidence shows that the appellant was stopped by police officers while driving an automobile on a Dallas street. The officer observed the cylinder from a revolver, a holster and a box of shells on the seat beside appellant. He searched the automobile and found a .22 caliber pistol under the driver’s seat with the cylinder removed.

¶3The pistol, cylinder, shells and holster were introduced in evidence. The shells fit the pistol and the officer had no difficulty in replacing and removing the cylinder.

¶4The jury rejected the appellant’s defense that he was taking the pistol to a gun shop to trade or sell it.

¶5The holding of this Court in Crain v. State, 69 Tex.Cr.R. 55, 153 S.W. 155, requires that we hold the evidence sufficient to sustain the conviction. No other question is raised.

¶6The judgment is affirmed.

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