
    SMITH v. STATE.
    (No. 4326.)
    (Court of Criminal Appeals of Texas.
    Jan. 10, 1917.)
    Criminal Haw <⅜=>1159(3) — Appeal—Conflicting Evidence.
    A conviction on conflicting evidence will not be disturbed.
    [Ed. Note. — For other eases, see Criminal Law, Cent. Dig. § 3076; Dec. Dig. @=1159(3).]
    Appeal from Bexar County Court; Nelson Lytle, Judge.
    Mrs. Kirby Smith was convicted for unlawfully carrying a pistol, and she appeals.
    Affirmed.
    G. Grant White, of San Antonio, for appellant. C. C. McDonald, Asst. Atty. Gen., for the State. •
   PRENDERGAST, J.

This is an appeal from a conviction for unlawfully carrying a pistol, with the lowest punishment assessed.

The sole question in the case is whether or not the evidence was sufficient to sustain the conviction. The state introduced two witnesses, one of whom testified positively that appellant did have and carry a pistol. He was strongly corroborated by the party he was with in some particulars. Appellant denied positively that she had the pistol at the time and place testified to by the state’s witness, and her friend who was with her testified substantially to the same thing. So that it is seen that the state’s testimony, if believed, unquestionably was sufficient to show the commission of the offense and authorized the verdict, while that of the accused would have authorized the jury to have acquitted her. The jury believed the state’s witnesses, and we cannot disturb the verdict.

The judgment is therefore affirmed.  