Lewellen v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Titus. Tried below before the Hon. Seb F. Caldwell. Appeal from a conviction of unlawfully carrying a pistol; penalty, a fine of $100. The opinion states the case.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of unlawfully carrying a pistol on his person, his punishment being assessed at a fine of $100.
The affidavit charged him with carrying on or about his person a pistol. The indictment is not sufficient, in fact is fatally defective. The wording of the complaint seems to follow the wording of the statute, and charges the offense in the alternative instead of conjunctively. It is a well settled rule, in regard to this character of pleading, that where the statute makes two or more distinct acts connected with the same transaction indictable, and…
2Cases cited4 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1892
- Segars v. StateCourt of Criminal Appeals of Texas · 1895
- Young v. StateCourt of Criminal Appeals of Texas · 1896
- Walker v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by8 opinions
- Hunter v. StateCourt of Criminal Appeals of Texas · 1979
- State v. WinskeyCourt of Criminal Appeals of Texas · 1990
- Briscoe v. StateCourt of Criminal Appeals of Texas · 1960
- Hunter v. StateCourt of Criminal Appeals of Texas · 1914
- State v. WinskeyCourt of Appeals of Texas · 1989
3 more not listed; retrieve them via the Exa API.