Maxwell v. State
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. H. Taylor. The defendant was indicted at the November term of the District Court of Lamar county, for unlawfully carrying a pistol. J. J. Vessels, witness for the State, testified that about July 4, 1872, he was riding along the public road, on horseback, when defendant drove up behind him in a buggy, in a swift trot, having in the buggy with him one James Smith.
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Appeal from Lamar. Tried below before the Hon. R. H. Taylor. The defendant was indicted at the November term of the District Court of Lamar county, for unlawfully carrying a pistol. J. J. Vessels, witness for the State, testified that about July 4, 1872, he was riding along the public road, on horseback, when defendant drove up behind him in a buggy, in a swift trot, having in the buggy with him one James Smith. When defendant overtook witness, he checked his team, and began a conversation, which resulted in a quarrel, during which defendant reached down in his buggy and drew out a derringer…
1Opinion of the CourtWalker, J.
In this case 'the Attorney-General moves to dismiss the appeal for want of a legal recognizance. The motion is not well taken. The appellant is indicted for carrying a certain pistol about-his person unlawfully. We do not think any unlawful act has been made to appear. The appellant has been twice' indicted and twice tried; has been twice convicted for the same offense, and has appealed to this court in both cases.
In the opinion of this court, the act prohibiting the carrying of deadly weapons was not intended to prevent persons traveling in buggies or carriages upon the public highway from…
2Cited by7 opinions
- Davis v. StateSupreme Court of Arkansas · 1885
- Darby v. StateCourt of Appeals of Texas · 1887
- Grant v. StateCourt of Criminal Appeals of Texas · 1928
- Moosani v. StateCourt of Criminal Appeals of Texas · 1995
- Moosani v. StateCourt of Criminal Appeals of Texas · 1995
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