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256 S.W.2d 855

Cortez v. State

Court of Criminal Appeals of Texas

Decided April 15, 1953

Court of Criminal Appeals of Texas · decided 1953-04-15

Relies on 149 Tex. Crim. 296 - Williams v. State · Ex parte Weatherly

Decided 1953-04-15

DAVIDSON, Commissioner.

¶1Appellant was charged by complaint and information with unlawfully carrying a pistol on and about his person. He entertained a plea, of guilty to rudely displaying a pistol, under such information, and was by the court found guilty thereof and assessed punishment at a fine -of $25. ,

¶2There is no offense known as “rudely displaying a pistol,” but such may constitute a violation of the disturbing-the-peace statute, Art. 474, Vernon’s P.C., when done in a manner calculated to disturb thS peace.

¶3Disturbing the peace is not an offense of a lesser degree to that of unlawfully carrying a pistol. We so held in-Williams v. State, 149 Tex.Cr.R. 296, 194 S.W.2d 94, and in Bell v. State, Tex.Cr.App., 256 S.W.2d 108.

¶4The judgment of tbe trial court is reversed and the cause remanded.

¶5Opinion approved by the court.

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