
    R. D. Brown v. The State.
    No. 3379.
    Decided May 1, 1907.
    Carrying Pistol—Deputation—Posse.
    Where a deputy sheriff orally summoned defendant to assist in an arrest and authorized him to carry a pistol, but the defendant went upon a different mission and engaged in a difficulty, a conviction for unlawfully carrying a pistol was authorized.
    Appeal from the County Court of Goliad. Tried below before the Hon. J. Gus Patton.
    Appeal from a conviction of unlawfully carrying a pistol; penalty, a fine of $100.
    The opinion states the case.
    
      H. J. Passmore, for appellant.
    
      P. J. McCord, Assistant Attorney-General, for the State.
   BBOOKS, Judge.

Appellant was convicted of carrying a pistol, and his punishment assessed at a fine of $100.

The facts in this case show that the deputy sheriff attempted orally to deputize the appellant to assist in the arrest of a party wanted for a crime, and instructed appellant that he would have a right to carry a pistol. Appellant, however, instead ,6f going in pursuit of the party wanted with the sheriff, secured a pistol and went upon a different mission to a little town in Goliad County, where he engaged in a difficulty with a party, and was seen there in possession of a pistol. The court gave a very apt charge, presenting all the phases of the evidence to the jury, and appellant’s hills of exception under qualification of the court, present no error'authorizing a reversal of the case.

The judgment is affirmed,

Affirmed,  