Matocha v. State

OPINION

GRANT, Justice.

Martin Wayne Matocha appeals from his conviction for the offense of unlawfully carrying a weapon. After a trial by jury, he was found guilty and the jury assessed his punishment at a $750 fine and one year’s confinement, probated. Matocha raises a single point of error in which he contends that the trial court erred by refusing to submit his requested instruction on the defensive theory of traveling. This defense is governed by Tex.Penal Code Ann. § 46.031, which states: “The provisions of Section 46.02 of this code do not apply to a person ... (3) traveling_” Tex. Penal…