
    GILLAM v. STATE.
    (No. 7715.)
    (Court of Criminal Appeals of Texas.
    Oct. 17, 1923.)
    Weapons <&wkey;17(4) — Evidence held insufficient to sustain conviction for carrying pistol.
    Evidence held insufficient to sustain conviction for carrying pistol.
    Appeal from Walker County Court; A. T. McKinney, Jr., Judge.
    Leonard Gillam was convicted of unlawfully carrying a pistol, and he appeals.
    Reversed and remanded.
    R. J. Randolph, of Madisonville, and M, E. Gates, of Huntsville, for appellant.
    W. A. Keeling, Atty. Gen., and C. L. Stone, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The appeal is from a 'judgment assessing against the appellant a fine of $100 for unlawfully carrying a pistol.

The evidence shows that while the appellant was playing at a game a pistol dropped from his clothing. It ‘was .picked up by the state’s witness. Appellant testified that the pistol was not in a condition to be used as a firearm in that the cylinder would not revolve; that he had taken it to have it repaired, but was unable to get it repaired. He was corroborated in some degree by the testimony of his father that there were two pistols at his home, both of which were broken. The pistol in question came into the possession of the state’s witness, but neither by him nor by any one else was the testimony of the appellant controverted. The pistol being in the condition described, appellant, under the facts, was not shown to be guilty of any offense. See Cook v. State, 11 Tex. App. 19; Dillingham v. State (Tex. Cr. App.) 32 S. W. 771; White v. State (Tex. Cr. App.) 66 S. W. 773; Branch, Ann. Tex. P. C. §§ 972, 973.

The judgment is reversed, and the cause remanded. 
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