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: 462
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46:3 YOUNG v. THE STATE. [Term of
Statement of the case.
" manner disfranchised, except by due course of the law of the
" land." (Bill of Rights, Sections 8 and 16.)
In Hewitt v. The State (25 Texas, 722), it was held that these
Constitutional provisions place it beyond the power of the Legislature
to dispense with the statement in the indictment, of
that which is essential to the description of the offense. The
Legislature had attempted to dispense with the avermnent, in an
indictment for selling liquor, that it was sold " without having
'obtained a license therefor;" but the court held that a conviction
under such an indictment would not be by " due course
"of law," notwithstanding it was settled that no proof to support
it was required, and that the indictment must nevertheless
contain the averment. In addition to the authorities cited in
that case, the following cases fully support it: The State v.
Learned, 47 Me., 426; Murphy v. The State, 24 Miss., 390;
28 Miss., 637; Norris v. The State, 33 Miss., 373; Niles v.
The State, 24 Ala., 672.
The indictment was properly set aside as defective, and the
judgment of the District Court is affirmed.
VOLNEY YOUNG V. THE STATE.
1. UNLAWFULLY CARRYING A PISTOL.-DEFENSE. What circumstances
shall be sufficient to show that the danger was or was not imminent and
pressing, is not a mere question of law, but a mixed question of fact and
2. D)EFENSE. See facts that should have been admitted to the jury as a
3. INDICTMENT. An indictment for unlawfully carrying deadly weapons
must negative the conditions allowing the bearing of such arms. The
State v. Duke, supra, followed.
APPEAL from Goliad. Tried below before the Ion. D. D.
Volney Young was indicted, the indictment charging that
Young " unlawfully did carry on and about his person a pistol,
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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/m1/470/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .