Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 456
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456 THE STATE V. DUKE. [Term of
Opinion of the Court.
APPEAL from Caldwell. Tried below before the Hon. Henry
Geo. Clark, for State.
No brief for appellee.
GOULD, J. This is an appeal by the State from the judgment
of the District Court sustaining a motion to set aside, as
insufficient, an indictment, charging that George Duke did, on
the 23d day of December, 1871, in said Caldwell county, " un'"lawfully
carry on his parson one pistol, known as a six"shooter."
The first and second Sections of the "Act to regu'
late the keeping and bearing of deadly weapons," passed
April 11, 1871, are as follows:
"Any person carrying on or about his person, saddle, or in
" his saddle-bags, any pistol, dirk, dagger, slung-shot, sword'
cane, spear, brass knuckles, bowie knife, or any other kind of
"knife, manufactured or sold, for the purpose of offense or de"fense,
unless lie has reasonable grounds for fearing an unlaw"
ful attack on his person, and that such ground of attack shall
"' be immediate and pressing; or unless having or carrying the
" same on or about his person for the lawful defense of the
" State, as a militiaman in actual service, or as a peace officer
"or policeman, shall be guilty of a misdemeanor, and on con"viction
thereof, shall, for the first offense, be punished by fine
"of not less than twenty-five nor more than one hundred dol"lars,
and shall forfeit to the county the weapon or weapons
"so found on or about his person; and for every subsequent
"offense may, in addition to such fine and forfeiture, be impris"
oned in the county jail for a term not exceeding sixty days;
"and in every case of fine under this section, the fines imposed
' and collected shall go into the treasury of the county in which
"they may have been imposed: Provided, That this section
' shall not be so construed as to prohibit any person from keep:
ing or having arms on his or her own premises, or at his or
' her own place of business, nor to prohibit sheriffs or other
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/464/: accessed March 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .