United States v. Mario Prieto-Tejas

GARWOOD, Circuit Judge:

In its petition for rehearing, the government, though conceding that the unlawfulness of the accused’s purpose in carrying a gun is not relevant to the “traveling” ex emption of Texas Penal Code, section 46.-03(a)(3), nevertheless urges that the unlawfulness of the purpose of the travel is relevant to this statutory exemption. Reliance is placed on Shelton v. State, 27 Tx.App. 443, 11 S.W. 457 (1889), and Rick-man v. State, 134 S.W.2d 668 (Tex.Crim.App.1939). In Shelton, although reversing for failure to prove venue, the court remarked that

“at the time defendant carried…