JIMERSON v. STATE

No. 35742.

368 S.W.2d 768 (1963)

James JIMERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 5, 1963.

Second Rehearing Denied June 29, 1963.


Attorney(s) appearing for the Case

No attorney on appeal; C. C. Divine, Houston (On Rehearing), for appellant.

Frank Briscoe, Dist. Atty., Daniel P. Ryan, Jr., and Don Weitinger, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is carrying a pistol, a prior conviction having been alleged to enhance the punishment. Upon his plea of not guilty, the jury found the appellant guilty and assessed his punishment at 7 months in jail.

No brief has been filed in appellant's behalf.

The state's evidence, by the testimony of Police Officer J. D. Span, shows the following: A young Negro man ran out of a club or bar in the 3200 block of Lyons Avenue...

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