State v. Clayton
Texas Supreme Court
Appeal from Lampasas. Tried below before the Hon. E. B. Turner. The 1st section of the act of April 12,1871, which makes it an offense for one to carry deadly weapons, except in the lawful defense of the State, or when fearing, from reasonable grounds, an unlawful attack, or unless one be a militiaman on duty, or a peace officer or policeman, closes with the following proviso: “Provided, That this section shall not be so construed as to prohibit any person from keeping or…
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Appeal from Lampasas. Tried below before the Hon. E. B. Turner. The 1st section of the act of April 12,1871, which makes it an offense for one to carry deadly weapons, except in the lawful defense of the State, or when fearing, from reasonable grounds, an unlawful attack, or unless one be a militiaman on duty, or a peace officer or policeman, closes with the following proviso: “Provided, That this section shall not be so construed as to prohibit any person from keeping or bearing arms on his or her own premises or at his or her own place of business, nor to prohibit sheriffs or other revenue…
1Opinion of the Court
Reeves, Associate Justice.
This is an indictment against Jack Clayton, charging him with a violation of the act of April 12, 1871, to regulate the keeping and bearing of deadly weapons.
The indictment charges that Clayton did “unlawfully carry on and about his person a certain pistol, he then and there having no reasonable grounds for fearing an unlawful attack on his person, nor was he then and there either a militiaman in actual service, or a peace officer, or a policeman, nor was he then and there on his own premises or at his own place of business.”
*412The court sustained the defendant’s motion…
2Cited by10 opinions
- Rice v. StateCourt of Criminal Appeals of Texas · 1897
- Williamson v. StateCourt of Criminal Appeals of Texas · 1900
- Pueblo v. RiveraSupreme Court of Puerto Rico · 1926
- Colchell v. StateCourt of Appeals of Texas · 1887
- Bell v. StateCourt of Criminal Appeals of Texas · 1911
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