237 S.W. 925 | Tex. Crim. App. | 1922
Appellant was convicted of unlawfully carrying a pistol.
The appellant was a youth 16 years of age. He and several other boys were standing upon one of the street corners.
A police officer testified that he was near by and said:
“I heard the defendant call to one of the other boys, saying, ‘Let me have that thing;’ and the other boy then handed the pistol to the defendant. I immediately arrested the defendant and took the pistol. The party who gave the pistol to the defendant took it from the waistband of his pants, and the defendant put it in the waistband of his pants. The defendant handed me the pistol. * * * I saw one of them pull out the pistol and hand it to the defendant. Upon the defendant’s taking the pistol, I immediately walked up to him and arrested him and took the pistol. No time scarcely intervened between the time the boy handed the pistol to' the defendant and the time I got it from the defendant. I saw the whole transaction. The pistol was not loaded, but was in working condition. At the time I took the pistol and arrested the defendant, he told me it was not his pistol, and that he was just looking at it.”
A-witness for the appellant testified that he saw several boys standing near the corner; that one of them had a pistol; appellant was a few steps from them, standing on the platform; that he asked the boy who had the pistol to let him look at it; that the boy walked up and handed the pistol to appellant; and that about that time the policeman walked up and arrested the appellant and took the pistol.
The judgment is reversed, and the cause remanded.
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