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: 463
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1875.] YOUNG v. THE STATE. 4i63
Opinion of the Court.
the said Volney Young not being then and there authorized
On trial he was convicted, and has appealed.
The facts appear in the opinion.
Geo. Clark, for State, on motion to dismiss. The recognizance
recites no offense known to the law. (Dailey v. The
State, 4 Texas, 417; State v. Cotton, 6 Texas, 425; Cotton v.
The State, 7 Texas, 547; McDonough v. The State, 19 Texas,
293; Horton v. The State, 30 Texas, 191; Paschal's Digest,
2d vol., Article 6599.)
" Conveying a pistol about his person " is not an offense
known in the law.
V. G. Kettrell also for State.
GoULD, J. It appears by bill of exceptions that the defendant
offered to prove that some three weeks prior to the time
he was seen with a pistol, "lhe was assaulted by Ambrose
"H-Iawkins, an adult rough, and knocked down three times
" with a bludgeon, and that upon this occasion said Ambrose
"Hawkins drew a knife on defendant, and was prevented
"from killing him by the timely interference of bystanders,
"who pulled him away from defendant, and when so taken
" away the said Hawkins exclaimed, 'If I didn't kill you this
"'this time, damn you, I will do it yet.' That defendant feel
"ing his life endangered by these threats, promptly made an
affidavit and had the said Ambrose Hawkins arrested; and
"that said Hawkins had the examination of said case post"
poned; and whilst said case was pending, and before the
" trial thereof, defendant was seen with the pistol at the time
"laid in the indictment; and that defendant's friends and rel"atives,
believing his life to be endangered, counseled him to
' carry arms in defense of his person until the case against
"said Ambrose Hawkins was examined and disposed of; which
"evidence was excluded by the court, upon the ground that
"Ambrose Hawkins was not present when defendant was seen
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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/m1/471/: accessed October 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .