
    No. 5153.
    Lormy Sanderson v. The State.
    Opinion delivered June 11, 1887.
    Carrying a Pistol—Pact Case.—See the opinion for evidence held insufficient to support a conviction for carrying a pistol.
    Appeal from the County Court of McLennan. Tried below before the Hon. W. W. Evans, County Judge.
    The opinion states the case. The penalty assessed was a fine of twenty-five dollars.
    
      Anderson, Mint & Anderson, for the appellant.
    
      W. L. Davidson, Assistant Attorney General, for the State.
   Hurt, Judge.

Upon the following testimony appellant was convicted of unlawfully carrying a pistol:

J. W. Simpson testified: One day last February, in McLennan county, Texas, witness and defendant were riding along the road going after wood, and a rabbit jumped up, and he, witness, handed defendant his, witness’s, pistol, and asked defendant to shoot the rabbit. Defendant took the pistol, walked a step or two, shot at the rabbit and handed it back to witness.

The evidence does not support the conviction. (Cathey v. The State, ante p. 492.)

Reversed and remanded.  