Legal Opinion

Stilly v. State

Court of Appeals of Texas

Decided April 10, 1889No. 6233PublishedCited by 10 opinions

Appeal from the County Court of Cooke. Tried below before the Hon. J. E. Hayworth, County Judge. The penalty assessed against the appellant was a fine of twenty-five dollars and confinement in the county jail for twenty days.

1Opinion of the Court

Willson, Judge.

This conviction is for unlawfully carrying a pistol upon the person. It is claimed by the defendant that the conviction is wrong for two reasons: first, that at the time he carried the pistol he was a “person traveling,” and, second, that he had reasonable ground for fearing an unlawful attack upon his person, etc.

A “person traveling” may lawfully carry upon his person a pistol or other weapon. (Penal Code, art. 319.) In this case "the evidence shows that the defendant, accompanied by his wife and child, left his residence in the Indian Territory to go to Bloomfield, in Cooke…

2Cited by10 opinions

  1. George v. StateCourt of Criminal Appeals of Texas · 1921
  2. Ayesh v. StateCourt of Appeals of Texas · 1987
  3. Sanchez v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  4. Illingworth v. StateCourt of Appeals of Texas · 2005
  5. Payne v. StateCourt of Criminal Appeals of Texas · 1973

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