Hollins v. State

187 S.W.2d 577, 148 Tex. Crim. 388, 1945 Tex. Crim. App. LEXIS 737
CourtCourt of Criminal Appeals of Texas
DecidedApril 4, 1945
DocketNo. 23093.
StatusPublished

This text of 187 S.W.2d 577 (Hollins v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollins v. State, 187 S.W.2d 577, 148 Tex. Crim. 388, 1945 Tex. Crim. App. LEXIS 737 (Tex. 1945).

Opinions

DAVIDSON, Judge.

Unlawfully carrying a pistol is the offense; the punishment, a fine of $100.00.

Appellant, testifying as a witness, admitted that he had possession of and was carrying the pistol which the officers found in the glove compartment of the car he was driving. Such admission nullified his previous objections to a search of the car.

*389 Appellant testified that he had the pistol on that occasion “for the purpose of it not being misplaced” and “just for the purpose of knowing where it was.” He denied that he was carrying the pistol as a traveler.

Notwithstanding such admission, the trial court recognized that the defense of carrying a pistol as a traveler was raised by other testimony and pertinently submitted that defensive theory to the jury.

Complaint was made of the argument of State’s counsel. According to the trial court’s qualification of the bill presenting this matter, the argument was proper. Having accepted the bill as qualified, appellant is bound thereby.

No reversible error appearing, the judgment of the trial court is affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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Related

Railey v. State
67 S.W.2d 607 (Court of Criminal Appeals of Texas, 1933)
Schaefer v. State
53 S.W.2d 302 (Court of Criminal Appeals of Texas, 1932)
Kelsey v. State
4 S.W.2d 548 (Court of Criminal Appeals of Texas, 1928)

Cite This Page — Counsel Stack

Bluebook (online)
187 S.W.2d 577, 148 Tex. Crim. 388, 1945 Tex. Crim. App. LEXIS 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollins-v-state-texcrimapp-1945.