Legal Opinion

Clayton v. State

Court of Appeals of Texas

Decided May 19, 1886No. 4042PublishedCited by 2 opinions

Appeal from the County Court of Taylor. Tried below before the Hon. H. A. Porter. The conviction in this case was for carrying a pistol, and the penalty imposed was a fine of twenty-five dollars.

1Opinion of the Court

Hurt, Judge.

This is a conviction for carrying a pistol. The proof is clear that appellant, at the time of carrying the pistol, was deputy sheriff of Pease county. Upon this point the court charged, in effect, that if appellant was a peace officer, and was acting as such, under a legal appointment, and that he was in this (Taylor) county, in the discharge of his official business, he should be acquitted; but if in pursuit of his private business, he should be convicted.

■ Counsel for appellant requested a charge to the effect that, if defendant was a deputy sheriff of any county of the State…

2Cited by2 opinions

  1. Irwin v. StateCourt of Criminal Appeals of Texas · 1944
  2. Black v. StateCourt of Criminal Appeals of Texas · 1905

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