Legal Opinion

Ratigan v. State

Court of Criminal Appeals of Texas

Decided May 5, 1894No. 287PublishedCited by 7 opinions

Appeal from the County Court of Colorado. Tried below before Hon. Chakles Biley, County Judge. Tbis appeal is from a conviction for unlawfully carrying a pistol, the punishment being a fine of $25. The essential facts are sufficiently stated in the opinion, as is also the substance of the erroneous charges for which the judgment was reversed. i. ’ The Act of January 30,1889, under which appellant was convicted, is not now, and never was, the law of this State regulating the…

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Appeal from the County Court of Colorado. Tried below before Hon. Chakles Biley, County Judge. Tbis appeal is from a conviction for unlawfully carrying a pistol, the punishment being a fine of $25. The essential facts are sufficiently stated in the opinion, as is also the substance of the erroneous charges for which the judgment was reversed. i. ’ The Act of January 30,1889, under which appellant was convicted, is not now, and never was, the law of this State regulating the carrying of arms, and is void in this, that article 318 of the Penal Code of the State of Texas was repealed and…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of unlawfully carrying a pistol, and fined in the sum of $25.

There is no question that the appellant had on a pistol at the time alleged. In fact, the evidence shows he had two on his person when disarmed. When first found in possession of a pistol appellant claimed to be a deputy sheriff, and as such authorized to carry it; but it was ascertained by telegram that, while appellant had been a deputy sheriff of Fayette County, his commission had expired some two or three months previously. Then appellant claimed to be a traveller going through the country…

2Cited by7 opinions

  1. Joliff v. StateCourt of Criminal Appeals of Texas · 1908
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1909
  3. Ex Parte CoxCourt of Criminal Appeals of Texas · 1908
  4. Ex Parte FaisonCourt of Criminal Appeals of Texas · 1923
  5. Bibb v. StateCourt of Criminal Appeals of Texas · 1918

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