Darby v. State
Court of Appeals of Texas
Appeal from the County Court of Williamson. Tried below before Hon. W. M. Key, County Judge. The conviction was for carrying a pistol, and the penalty imposed was a fine of twenty-five dollars.
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Appeal from the County Court of Williamson. Tried below before Hon. W. M. Key, County Judge. The conviction was for carrying a pistol, and the penalty imposed was a fine of twenty-five dollars. The evidence showed in substance, in addition to facts recited in the opinion, that at a point between his home and Georgetown, the county site of Williamson county, the defendant overtook one Henry Hoyle, drew a pistol partially from his pocket, and ordered the said Hoyle to throw up his hands, with the remark: “You tried to murder Hayne. He don’t fight, but I am a fighting man. Hold up your hands or…
1Opinion of the Court
Willson, Judge.
This appeal is from a conviction of the offense of unlawfully - carrying a pistol on the person. The defenses were, 1, that defendant, at the time he carried the pistol, was a traveler; and, 2, that at said time he had reasonable ground for fearing an unlawful attack upon his person, and that the danger was so imminent and threatening as not to admit of the arrest of the party about to make such attack, upon legal process. It was conclusively proved that the defendant carried a pistol on his person, and the evidence also shows that the two above named defenses did not exist. He…
2Cases cited2 opinions
- Maxwell v. StateTexas Supreme Court · 1873
- Smith v. StateTexas Supreme Court · 1874