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: 466
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466 WILLIAMS V. THE STATE. [Term of
Opinion of the Court.
in the State from keeping or carrying arms with their bag"gage."
Without undertaking to define the rather indefinite
expression "persons traveling in the State," we are of the
opinion that the facts stated show that the defendant was traveling
within the meaning and spirit of the law. Because the
court erred in refusing a new trial, the judgment is reversed
and the cause remanded.
JOHN WILLIAMS v. THE STATE.
CARRYING DEADLY WEAPONS.-POLICEMAN. It is not necessary to Lis
defense that a policeman show that at the time and place charged, he
was in the discharge of his duties as such; his defense is made out by
proving that he was, at the time of the alleged offense, such officer.
APPEAL from Milam. Tried below before the lIon. J. M.
The facts appear in the opinion.
No briefs filed.
GOULD, J. So much of the third section of an " Act to reg"ulate
the keeping and having of deadly weapons," as it is
material to copy is as follows: " If any person shall go into
"any church, * * * and shall have or carry about his person,
"a pistol, * * * unless an officer of the peace, he shall be
" guilty of misdemeanor, etc." * * On the trial of an indictment,
under this statute, the court instructed the jury: "If
" you are satisfied from the evidence, that the defendant com"
mitted the offense charged, he cannot justify or excuse the act
"by showing that he held a commission as a special police"man,
unless when it appears from the evidence, that at the
"time of the act he was in actual service as a special policeman,
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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/m1/474/: accessed May 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .