2 S.W.2d 252 | Tex. Crim. App. | 1928
Conviction is for unlawfully carrying a pistol, punishment being assessed at a fine of $100.
Appellant insists that the evidence is not sufficient to support the verdict. The facts are practically undisputed and may be condensed as follows: Wallis Gurka went in his car to a dance at Henry Stolarski’s, having with him, when he left home his two brothers and a young lady cousin. On the way he stopped at appellant’s home and took him and his sister to the dance. A short time after they reached the dance, Gurka started to leave his coat and hat in the car, and inquired of appellant if they would be safe there. Appellant advised him that anything left in the car was likely to be stolen, whereupon Gurka got his pistol from the car, gave it to appellant, and asked him to take care of it or put it away while Gurka was dancing. Appellant had no previous knowledge that the pistol was in the car. During the dancing a number of witnesses saw appellant with the pistol in the yard and near where the cars were parked. What he was doing with
The special charge refused by the court seems to ignore the phase of the case just discussed, and no error was committed in declining to give it. Taking this view of the case, we find it unnecessary to pass upon appellant’s further contention that his conduct with reference to the pistol after he received it back from Stolarski and placed it in the car should be considered in the light of the request, and his compliance therewith, to take the wounded boy to the doctor.
The judgment is affirmed.