Shelton v. State
Court of Appeals of Texas
Appeal from the County Court of Montague. Tried below before the Hon. Griffin Ford, County Judge. The appellant was convicted for unlawfully carrying a pistol on his person, and his punishment was assessed at a fine of twenty-five dollars and confinement in the county jail for twenty days. The proof shows that while in attendance upon a dance at a place known as Eagle Point, the defendant was informed that an officer was en route to said dance to arrest him.
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Appeal from the County Court of Montague. Tried below before the Hon. Griffin Ford, County Judge. The appellant was convicted for unlawfully carrying a pistol on his person, and his punishment was assessed at a fine of twenty-five dollars and confinement in the county jail for twenty days. The proof shows that while in attendance upon a dance at a place known as Eagle Point, the defendant was informed that an officer was en route to said dance to arrest him. He and another person thereupon mounted a horse and went to Nocona, where defendant boarded a train and went to Childress county.…
1Opinion of the Court
Willson, Judge.
It was not error to overrule the motion in arrest of judgment. There is no material variance between the complaint and the information, and there is no material defect in the verdict.
Whether or not the defendant, at the time he carried the pistol, was “a person traveling” was a question of fact for the determination of the jury, and this issue was fully and fairly submitted to the. jury by the charge of the court. We are of the opinion that the evidence warranted the jury in finding against the defendant upon said issue. It was shown that at the time defendant carried the…
2Cited by8 opinions
- Fairfield v. StateCourt of Criminal Appeals of Texas · 1981
- State v. StarrNew Mexico Supreme Court · 1917
- Smith v. StateCourt of Criminal Appeals of Texas · 1982
- United States v. Mario Prieto-TejasCourt of Appeals for the Fifth Circuit · 1986
- Wilkes v. StateCourt of Criminal Appeals of Texas · 1951
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