O'Neal v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Robertson. Tried below before Hon. O. D. Cannon, County Judge. Appellant was tried and convicted upon an indictment charging him with unlawfully carrying a pistol, and his punishment assessed at a fine of 825. The following is the evidence adduced at the trial: Walter Corn, for the State, said: I know the defendant, L. A. O’Neal; I saw him on about the 15th day of July, 1892, as he came by Acorn School House, in the county of Robertson and…
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Appeal from the County Court of Robertson. Tried below before Hon. O. D. Cannon, County Judge. Appellant was tried and convicted upon an indictment charging him with unlawfully carrying a pistol, and his punishment assessed at a fine of 825. The following is the evidence adduced at the trial: Walter Corn, for the State, said: I know the defendant, L. A. O’Neal; I saw him on about the 15th day of July, 1892, as he came by Acorn School House, in the county of Robertson and State of Texas. Defendant had some words with my brother, Robert Corn, and presented a pistol on him. I saw the pistol; it…
1Opinion of the Court
DAVIDSON, Judge.
Defendant, having been convicted of carrying a pistol in violation of the statute, prosecutes this appeal.
1. The prosecution proved, that during a wordy altercation with one Robert Corn, defendant exhibited and presented the pistol at Corn. This was part of the same transaction, occurred at the same time, and was properly admitted as res geste.
2. Defendant offered to prove by a justice of the peace, that he, by the advice and consent of the county attorney, had “deputized defendant as a peace officer, for the purpose of executing writs, and the protection of his own life.”…
2Cited by15 opinions
- Dowell v. StateCourt of Criminal Appeals of Texas · 1910
- Jones v. StateCourt of Criminal Appeals of Texas · 1922
- Baker v. StateCourt of Criminal Appeals of Texas · 1908
- Trimble v. StateCourt of Criminal Appeals of Texas · 1937
- Jenkins v. StateCourt of Criminal Appeals of Texas · 1904
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