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[Cite as Mangum v. State, (Tex. Crim. App.) 90
S.W. 31 (1905).]
MANGUM v. STATE.
(Court of Criminal Appeals of Texas. Nov. 15,
Carrying a pistol to a shop to have it repaired and
returning home with it, is not an unlawful carrying of a pistol, within the
meaning of Pen. Code, art. 338.
Appeal from Trinity County Court; C. H. Crow,
Will Mangum was convicted of unlawfully carrying a pistol, and
Howard Martin, Asst. Atty. Gen., for the State.
HENDERSON, J. Appellant was convicted, under article 338, Pen. Code, for unlawfully carrying a pistol, and
fined $25. The uncontroverted evidence shows that appellant carried the pistol
to a shop to have it repaired, and was returning home with it, when witnesses
saw him with it. This is not an unlawful carrying, within the meaning of the
statute, as held in Pressler v. State, 19 Tex. App. 52, 53 Am. Rep.
Because the evidence is not sufficient to sustain the conviction, the
judgment is reversed, and the cause remanded.