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456 S.W.2d 133

Guzman v. State

Court of Criminal Appeals of Texas · decided 1970-07-15

Cited by 1 later decisions — most recently July 1976

1 state decisions

Relies on 166 Tex. Crim. 466 - Spigener v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-07-15

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¶1OPINION

WOODLEY, Presiding Judge.

¶2The offense is carrying a prohibited weapon (Art. 483 Vernon’s Ann.P.C.); the punishment, a fine of $100.00.

¶3The complaint and information charge that appellant did “unlawfully carry on and about his person a hand chain.”

¶4This court held, in Spigener v. State, 166 Tex.Cr.R. 466, 314 S.W.2d 832, that the portion of Art. 483, supra, making it unlawful to carry a “hand chain” was of such doubtful construction as to be inoperative under the 14th Amendment to the Constitution of the United States and Art. I, Section 19, of the Texas Constitution, Vernon’s Ann.St.

¶5Our able State’s Attorney concedes that the conviction cannot be affirmed.

¶6The judgment is reversed and the pros ecution is ordered dismissed.

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