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: 465
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1875.] SMITH V. THE STATE. 465
Opinion of the Court.
25th, 1873, the defendant, who lived in Jasper county, and
was in the employ of Henry Hadnot, started with his wagon
to go a distance of sixteen or seventeen miles to a Mr. Watts,
in Newton county, after pork for his employer. That defendant,
expecting to be gone two or three days, took his bedding
and a wallet or saddle-bags along in his wagon, and went
prepared to camp out; that while on his way, and while in
Jasper county, he reached into his wagon and drew a pistol
from his baggage, and snapped two or three times at some
partridges, and then returned the pistol to his baggage in the
wagon; that it took two days to make the trip.
Defendant being convicted, and motion for new trial overruled,
ipscomb i Norvell, for appellant.
Geo. IClark, Attorney-General, for the State.
GOULD, J. The appellant was convicted under an indictment
charging that he ' at a place not then and there being
' his own premises or place of business, did then and there
" unlawfully carry on his person a certain pistol, the said Ran"
sey Smith not then and there being a person authorized by
" law to carry said pistol." If to this were added " and not then
" and there having reasonable grounds for fearing an unlawful
t attack on his person," the indictment would, we think, have
been sufficient, under the rules laid down in the case of The
State v. Duke, just decided.
Tihe conviction, however, cannot be sustained under the
facts in proof. The defendant, living in Jasper county,
started with his wagon to go a distance of sixteen or seventeen
miles, to a point in Newton county, after some pork, and expecting:to
be gone two or three days and to camp out, he took
his bedding and saddle-bags or walked along. Whilst on this
trip he was seen to reach into the wagon, take a pistol from
his wallet and snap it at some partridges, and then return it
to his baggage. The law does not prohibit " persons traveling
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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/m1/473/: accessed May 25, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .