Legal Opinion

Campbell v. State

Court of Appeals of Texas

Decided June 15, 1889No. 6570PublishedCited by 7 opinions

Appeal from the County Court of Milam. Tried below before Hon. E. T. Terral, County Judge. The conviction was for unlawfully carrying a pistol, and the penalty assessed was a fine of $25 and twenty days in the county jail. The opinion discloses the case.

1Opinion of the Court

Willson, Judge.

When defendant was seen with the pistol he was at the house of one Jennings. He was temporarily residing at Jennings’s, and for the time being that was his home and his own premises. His permanent residence was in another county. When he left Jennings’s to return to his permanent home he carried the pistol with him. These facts do not constitute the offense of unlawfully carrying a pistol upon the person. He had the right to have and carry the pistol at Jennings’s house, because he was upon his own premises within contemplation of the law. He had the right to take the pistol to…

2Cited by7 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1978
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1982
  3. Baggett v. StateCourt of Criminal Appeals of Texas · 1929
  4. Kevin Lee Johnson v. State, Texas Court of Appeals, 10th District (Waco)2008
  5. Moosani v. StateCourt of Criminal Appeals of Texas · 1995

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