Rainey v. State
Court of Appeals of Texas
Appeal from the County Court of Gonzales. Tried below before the Hon. J. S. Conway, County Judge The appellant, it appears, received from the mayor of the town of Gonzales an appointment as city marshal, and in that capacity acted and was generally recognized. The appointing power, however, was not vested in the mayor alone, but in the mayor and council, and the council had not participated in the appointment of the appellant.
1Opinion of the CourtWinkler, J.
The appellant was. prosecuted in the County Court, under the act of April 12, 1871 (Rev. Penal Code, art. 320), by information which charges that he did “ unlawfully and wilfully -go into a ball-room with a pistol on his person, the said Rainey not then and there being an officer of the peace.” By the article of the Penal Code it is provided: “If any person shall'go into any church or religious assembly, any school-room, or other place where persons are assembled for amusement or for educational or scientific purposes, or into' any circus, show, or. public exhibition of any kind, or into a…
2Cases cited1 opinion
- Brown v. StateTexas Supreme Court · 1875