LINSEY v. STATE

No. 27641.

279 S.W.2d 862 (1955)

Orange Dan LINSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 1, 1955.


Attorney(s) appearing for the Case

John Cutler, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Asst. Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, Leon Douglas, State's Atty., of Austin, for the State.


WOODLEY, Judge.

Upon a trial before the court, no jury being demanded, appellant was convicted for carrying a pistol and was assessed a fine of $125.

The evidence, viewed from the standpoint of the State, shows that shortly after midnight appellant was standing on the sidewalk in front of a "beer joint" where a disturbance was in progress, or had been. He had a loaded pistol in his hand, and was heard to say "let him come on out here for I got my heater with...

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