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KIMBLE v. STATE

No. 33973.

353 S.W.2d 442 (1961)

Kary Curtis KIMBLE, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 7, 1962.

Attorney(s) appearing for the Case

William H. Scott, Jr., Ellis F. Morris, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Frank Puckett, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Judge.

The offense is unlawfully carrying a pistol; the punishment, 30 days in jail.

The State's evidence shows that on the night in question Deputy Sheriffs Davis and Smolensky went to a night club and cafe to make a routine check. When they entered, appellant and a girl companion were seated at a table. After the officers had received information from a reliable source that appellant was carrying a pistol, they saw

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