Smith v. State
Texas Supreme Court
Appeal from Jasper. Tried below before the Hon. H. 0. Pedigo. The indictment alleged that defendant “at a place not then “ and there being his own premises or place of business, did “ then and there unlawfully carry on his person a certain pis- “ tol, the said Ransey Smith not then and there being a person ‘ authorized by law to carry said pistol.”
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Appeal from Jasper. Tried below before the Hon. H. 0. Pedigo. The indictment alleged that defendant “at a place not then “ and there being his own premises or place of business, did “ then and there unlawfully carry on his person a certain pis- “ tol, the said Ransey Smith not then and there being a person ‘ authorized by law to carry said pistol.” From the statement of facts it appeared that December 25th, 1873, the defendant, who. lived in Jasper county, and was in the employ of Henry Hadnot, started with his wagon to go a distance of sixteen or seventeen miles to a Mr. Watts, in Hewton…
1Opinion of the CourtGould, J.
The appellant was convicted under an in dict-amen t charging that he “at a place not then and there being “ his own premises or place of business, did then and there “ unlawfully carry on his person a certain pistol, the said Ban- “ sey Smith not then and there being a person authorized by “ law to carry said pistol. ” If to this were added “ and not then “ and there having reasonable grounds for fearing an unlawful “ attack on his person,” the indictment would, we think, have been sufficient, under the rules laid down in the case of The State v. Duke, just decided.
The conviction, however,…
2Cited by5 opinions
- Birch v. State, Texas Court of Appeals, 4th District (San Antonio)1997
- Sanchez v. State, Texas Court of Appeals, 6th District (Texarkana)2003
- Campbell v. StateCourt of Criminal Appeals of Texas · 1910
- Darby v. StateCourt of Appeals of Texas · 1887
- Leatherwood v. StateCourt of Appeals of Texas · 1879