
    15468.
    MONTGOMERY v. THE STATE.
    A conviction of carrying a pistol without a license was not authorized by the evidence.
    Decided May 13, 1924.
    Accusation of canning pistol; from city court of Eloyd county— Judge Bale. March 10, 1924.
    The only witness was a policeman, who testified: that the defendant was one of three negroes who were talking together when he arrested them at night, that he found a concealed pistol on one of the others, and saw another throw a pistol on the ground, which he (the witness) picked up; that he took the negroes in the yard of Eoser, near which they had been standing, and “pinned them up in a space near Mr. Boser’s porch” until they were taken to the lockup; that he went back to the same place the next morning and found a hacksaw and a pistol hidden in a flower-box on Boser’s porch near where he had the negroes the. night before, and that in the police court the next morning the defendant “admitted that he put a pistol in the flower-box at Boser’s.” On cross-examination the witness said: “The only thing that I know to connect the defendant with the pistol is what he said in police court the next morning after I told him that I had found a pistol in the flower-box.”
    
      Porter & Mebane, for plaintiff in error,
    cited: 2 Ga. App. 654, and cit.; 15 Ga. App. 484; 4 Ga. App. 458, 58; 7 Ga. App. 197; 118 Ga. 320.
    
      James Maddox, solicitor, contra,
    cited: 15 Ga. App. 484; 14 Ga. App. 521; 12 Ga. App. 81; 45 Ga. 44 (5); 64 Ga. 605; 121 Ga. 615 (5); 10 Ga. App. 33.
   Luke, J.

Montgomery was convicted of carrying a pistol without license. The evidence did not meet the requirements of law, and for this reason the conviction was unauthorized. It was error to overrule the motion for a new trial.

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.  