Booth v. State (344 S.W.2d 885, 1961)

BELCHER, Commissioner.

Upon a trial before the court, a jury 'being waived, appellant was convicted of • carrying a pistol and his punishment assessed at a fine of $125.

Officer Beeman testified that he saw the .appellant, seated in the front seat of an automobile which was parked at the curb in front of a cafe, consuming alcoholic bev- • erages during prohibited hours in a public ■ place. The appellant was alone in the car, . and as Officers Beeman and Dugger ap- ■ proached the car, the appellant leaned over -and locked the glove compartment. The -officers “asked the defendant for the keys "to the automobile to unlock the glove box” .and when they unlocked it they found -therein a pistol containing five live, shells. While testifying, Officer Beeman identified the pistol they removed from the glove compartment of the car. The pistol was introduced in evidence without objection.

The appellant did not testify or offer any evidence in his behalf.

The facts and circumstances in evidence are sufficient to warrant appellant’s conviction for unlawfully carrying on or about his person a pistol, 2 Branch 2d 473, 474, Sec. 982; Hutspeth v. State, 158 Tex.Cr.R. 188, 254 S.W.2d 130.

The judgment is affirmed.

Opinion approved by the Court.

WOODLEY, P. J., absent.