VOGT v. STATE

No. 26445.

258 S.W.2d 795 (1953)

VOGT v. STATE.

Court of Criminal Appeals of Texas.

May 20, 1953.


Attorney(s) appearing for the Case

Floyd Duke James, San Antonio, for appellant.

Austin F. Anderson, Crim. Dist. Atty., and Anthony Nicholas, Jr., Asst. Crim. Dist. Atty., San Antonio, and Wesley Dice, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

This is a conviction for unlawfully carrying a pistol, with punishment assessed at a fine of $125. The trial was to the court, a jury having been waived.

Whether or not officers were authorized to arrest appellant, search his automobile, and find in the glove compartment thereof the pistol which the state claims he was thereby unlawfully carrying ceased to be an issue when appellant, while testifying as a witness in his own behalf,...

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