
    HALL v. STATE.
    (No. 9467.)
    (Court of Criminal Appeals of Texas.
    Nov. 11, 1925.)
    1. Criminal law <&wkey;824(l) — Exception to charge as given not sufficient in misdemeanor case, where no special charge was asked.
    In misdemeanor case, where no special charge was asked to have appellant’s view of law presented , to jury, exception to charge as given is not sufficient.
    2. Weapons &wkey;>IO — Having pistol in oar sufficient to make Violation of law.
    In prosecution for unlawfully carrying pistol, held, that accused having pistol in car'was sufficient to make same violation of law.
    Appeal front McLennan County Court; Jas. R. Jenkins, Judge.
    Curtis Hall was convicted of unlawfully carrying a pisto^ and he appeals.
    Affirmed.
    W. V. D-unnam and McConnell & Douglass, all of Waco, and John Hatter, pf Italy, Tex., for appellant.
    Sam D. Stinson, State’s Atty., of Green-ville, and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   LATTIMORE, J.

Appellant was convicted in the county court of McLennan county for unlawfully carrying a pistol, and his punishment fixed at a fine of $100.

This court has held that one going in an automobile from one town to - a point 30 or 35 miles distant was not a traveler as a matter of law. George v. State, 90 Tex. Cr. R. 179, 234 S. W. 87. The trial court submitted to the jury in general terms the question as to whether appellant was a traveler, and instructed them, if-they so found, to acquit him, and the jury’s verdict was adverse to the proposition. This being a misdemean- or case, and no special charge being asked .seeking to have appellant’s view of the law presented to the jury, we have always held an exception to the charge as given in a misdemeanor ease to be not sufficient. See authorities collated in Vernon’s Annotated C. C. P. 1916, p. 499.

Appellant having the pistol in the cai was sufficient to make same a violation of the law. Mayfield v. State, 75 Tex'. Cr. R. 103, 170 S. W. 308. We observe, in addition to this, that there was testimony before the jury that appellant drew the pistol on a naan named Dean.

Finding no error in the record, the Judgment will be affirmed. 
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