West v. State
Court of Appeals of Texas
Appeal from the County Court of Robertson. Tried below before the Hon. J. E, Crawford, County Judge. The conviction, in this case was for unlawfully carrying a pistol, and the penalty imposed by the verdict was a fine of twenty-five dollars. The single witness examined testified, for the State, that, in September, 1883, he and Mr. Hughes met the defendant in his buggy, on the road leading from defendant’s home to Rosse. Defendant was drinking somewhat, but was not drunk.
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Appeal from the County Court of Robertson. Tried below before the Hon. J. E, Crawford, County Judge. The conviction, in this case was for unlawfully carrying a pistol, and the penalty imposed by the verdict was a fine of twenty-five dollars. The single witness examined testified, for the State, that, in September, 1883, he and Mr. Hughes met the defendant in his buggy, on the road leading from defendant’s home to Rosse. Defendant was drinking somewhat, but was not drunk. He was traveling towards his home, and had some apples and wire fence attachments in his buggy. He also produced and…
1Opinion of the Court
White, Presiding Judge.
In this case no venue is proved, and, besides, the evidence is insufficient to support the conviction.
Appellant’s explanation, made to the State’s witness with regard to the pistol, was both reasonable and probably true, and the prosecution did not attempt to disprove it.
The transportation of a pistol home from the place of purchase, whether loaded or unloaded, does not constitute the offense of unlawfully carrying a pistol, as that offense is defined by the statute, nor does the fact that the pistol was discharged while being so transported bring the act within the…
2Cited by1 opinion
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