Montgomery v. State
Montgomery v. State
Opinion of the Court
The offense is unlawfully carrying a pistol; the punishment, one month in jail.
Officer Sowell testified that he received certain information on the day in question and went to a cafe located at 1708 Robin Street, that he entered, spoke to the woman in charge, and then escorted appellant outside, searched his person and found a
Appellant testified that he was at the time of his arrest carrying the pistol, as an accommodation to Hazel Montgomery, to the gun shop for repairs. Hazel corroborated his testimony, but admitted that appellant had not unloaded the pistol before starting on his journey.
The court instructed the jury that it was not unlawful to carry a pistol from home to a place where it might be repaired.
The jury found against appellant’s defensive theory, and we find the evidence sufficient to support the conviction.
We are not impressed with appellant’s objections to the charge. No formal bills of exception appear in the record, and no brief has been filed in appellant’s behalf.
Finding no reversible error, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.