Lewis v. State

Under the provisions of our present Penal Code regulating the keeping and bearing of deadly weapons, it is unnecessary in an indictment to allege more than that the defendant did unlawfully carry upon his person, etc., the forbidden weapon. Under former laws, the exceptions were contained in the enacting clause, and it was requisite that each should be substantially negatived. It was never necessary to prove these negative averments, they being always held as matters of defence. The State v. Duke, *56842 Texas, 462; Summerlin v. The State, 3 Texas Ct. App. 444; Leatherwood v. The State, 6 Texas Ct.…