Morrison v. State

WOODLEY, Judge.

The offense is the unlawful possession of a machine gun; the punishment, 2 years.

The indictment drawn under Art. 489b V.A.P.C. alleged that appellant did “unlawfully possess a machine gun, to-wit a weapon from which more than five (5) shots or bullets may be automatically discharged from a magazine by a single functioning of the firing device.”

Art. 489b V.A.P.C., Sections 1, 2 and 4, read as follows:

“Section 1. ‘Machine gun’ applies to and includes a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be…