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MATTHEWS v. STATE

No. 36173.

375 S.W.2d 731 (1964)

Albert J. MATTHEWS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 11, 1964.

Attorney(s) appearing for the Case

B. Rice Aston, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Bill White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Our prior opinion is withdrawn.

Appellant waived a trial by jury, entered a plea of guilty before the court to the charge of unlawfully carrying a pistol, and was assessed punishment at confinement in jail for six months.

At the hearing, Clarence Robertson, called as a witness by the state, testified that on the night in question he came out of a tavern, met the appellant, and, upon saying...

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