Legal Opinion

Burns v. State

Court of Criminal Appeals of Texas

Decided December 6, 1896No. 1405PublishedCited by 4 opinions

The following are the facts agreed upon: (1) “On the 3rd day of November, 1896, a general election, for national, State, district, county and precinct officers, was being held and conducted in accordance with law, in the County of Smith, State of Texas.

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The following are the facts agreed upon: (1) “On the 3rd day of November, 1896, a general election, for national, State, district, county and precinct officers, was being held and conducted in accordance with law, in the County of Smith, State of Texas. The poll or voting places, in election Precinct No. 19, and in election Precinct No. 1, of said Smith County, were situated in the court house, in the city of Tyler; the poll or voting place of said Precinct No. 19, being in the west end of said court house, and the poll or voting place in said Precinct No. 1, being in the east end of said…

1Opinion of the Court

HURT, Presiding Judge.

This conviction was obtained under Art. 169, of the Penal Code of 1895, which provides that: “If any person, other than a peace officer, shall carry any gun, pistol, bowie knife, or other dangerous weapon, concealed or unconcealed, on any day of election, during the hours the polls are open, within the distance of one-half mile of any polling or voting place, he shall be punished by a fine of not less than one hundred nor more than five hundred dollars; and in addition thereto may be imprisoned in the county jail for a period not exceeding one month.” Appellant concedes…

2Cited by4 opinions

  1. Doggett v. StateCourt of Criminal Appeals of Texas · 1935
  2. Mitchell v. StateCourt of Criminal Appeals of Texas · 1905
  3. Woodward v. StateCourt of Criminal Appeals of Texas · 1910
  4. Staples v. StateCourt of Criminal Appeals of Texas · 1915

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