Rather v. State

The conviction is for unlawfully carrying a pistol. Persons traveling and those carrying arms when on their own premises or place of business are exempted from the statute. Penal Code, art. 476. The appellant carried a pistol in his valise from Jacksonville, in Cherokee county, to the home of his father, about 20 miles distant, in Smith county. He claimed that he was not aware that it was in his satchel until he was well on the way to his father’s house. According to the appellant’s evidence, his father was sick; that there was a party of boys, or young men, who he thought were shooting…