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[Cite as Gorge v. State, (Tex. Crim. App.) 22 S.W. 43 (1893).]
(Court of Criminal Appeals of Texas. April 19, 1893.)
After returning from a trip of some duration, defendant reached a town at 4 o'clock in the morning, and, instead of going to a hotel, visited every saloon in town, bought drinks, and carried a pistol all the time. In the morning he started home, and while on the way fired his pistol. Held sufficient to sustain a conviction of carrying a pistol. 19 S.W. Rep. 677, 20 S.W. Rep. 556, followed.
Appeal from Limestone county court; W. G. Rucker, Judge.
Green Gorge was convicted of carrying a pistol, and appeals. Affirmed.
Kennedy & Bradley, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.
DAVIDSON, J. Appellant was tried for and convicted of carrying a pistol in violation of law, and his punishment assessed at a fine of $25. Defendant testified that, returning from a trip of some duration, he reached the town of Kosse, a railroad station, about 4 o'clock in the morning; that he did not go to an hotel; that, as soon as they were opened, he visited every saloon in the town, bought whisky in all of them, went to other places, and carried the pistol all the time. About 9 or 10 o'clock the same morning, he hired a team and driver at a livery stable, and started home. In addition to the above testimony, it was shown that, while en route home from Kosse, he was seen to fire the pistol while on the public (p.44)road. This was testified to by the driver and one Donaldson, who was carrying his children to a school entertainment at Kosse. Under the authority of Stilly v. State, 27 Tex. App. 445, 11 S.W. Rep. 458, the conviction was proper. See, also, Impson v. State, (Tex. App.) 19 S.W. Rep. 677; Sanders v. State, (Tex. Cr. App.) 20 S.W. Rep. 556. The court's charge, viewed as a whole, correctly presented the law applicable to the facts adduced in evidence. The judgment is affirmed. Judges all present and concurring.