BOYKIN v. STATE

No. 35053.

362 S.W.2d 328 (1962)

John BOYKIN, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 28, 1962.


Attorney(s) appearing for the Case

Tom Sanders, Joe J. Newman, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and I. D. McMaster, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is carrying a pistol, as a second offender; the punishment, six months in jail.

The witness Tucker testified that on the night in question appellant cut his automobile in front of the one the witness was driving; that when the two automobiles came to a halt at a hamburger stand appellant stepped out, approached the witness's automobile, pointed a pistol at him and threatened to kill him. He stated that he hurriedly left the stand...

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