West v. State

Decided June 2, 1886

Court of Appeals of Texas · decided 1886-06-02

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.

Cited by 1 later decisions — most recently February 1911

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-06-02

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White, Presiding Judge.

¶1In this case no venue is proved, and, besides, the evidence is insufficient to support the conviction.

¶2Appellant’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.

¶3The 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 purview of the statute. (Pressler v. The State, 19 Texas Ct. App., 52; Mangum v. The State, 15 Texas Ct. App., 362.)

¶4The judgment is reversed and the cause remanded.

¶5Beversed and remanded.