OPINION
DAVIS, Commissioner.
Appeal is taken from a conviction for unlawfully carrying a pistol. Punishment was assessed by the jury at three hundred sixty-five (365) days' confinement in jail.
In his sole contention, appellant urges that the court erred in denying his motion for instructed verdict.
Appellant's argument is bottomed on the exception to Article 483, Vernon's Ann.P. C.,
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