Hilliard v. State
Texas Supreme Court
Appeal from Shelby. Tried below before the Hon. H. W. Wheeler. The appellant was indicted by the grand jury of Shelby county for carrying a pistol. On the trial of the case he pleaded a previous prosecution and acquittal for the same offense, before a justice of the peace. The court below overruled the plea, and on trial the defendant was convicted.
1Opinion of the CourtWalker, J.
The court erred in excluding the plea of former acquittal from the jury, and also in the first clause of the charge.
A defendant, if convicted at all, must be convicted of the offense charged in the indictment. This charge instructed the jury to find the defendant guilty, if, at any time within six months prior to the finding of the indictment, he did have and carry, on or about his person, a pistol.
It is easy to conceive that the defendant might have had upon his person a pistol within the time specified, and have yet committed no breach of the law.
The court should explain to the jury all the…
2Cited by3 opinions
- Sylvester v. StateCourt of Criminal Appeals of Texas · 1981
- Bradley v. StateCourt of Criminal Appeals of Texas · 1978
- Johnson v. StateCourt of Criminal Appeals of Texas · 1909