McAFEE v. STATE

No. 35232.

363 S.W.2d 941 (1963)

Nina Moore McAFEE, alias Virginia Moore McAfee, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 23, 1963.


Attorney(s) appearing for the Case

Henry Stollenwerck, Dallas, for appellant.

Henry Wade, Dist. Atty., H. D. Nicholson and Emmett Colvin, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is unlawfully carrying a pistol; the punishment, a fine of $400.

Trial was before the court and facts which are sufficient to sustain the conviction were stipulated.

The sole ground for reversal is the overruling of appellant's plea of former jeopardy based upon a judgment of conviction in Criminal District Court for assault with a prohibited weapon, a two year suspended sentence being assessed.

The indictment...

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