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[Cite as Titus v. State, 42 Tex. 578
Jim Titus v. The State.
Unlawfully carrying deadly
weapons. A man is not permitted, under the law against carrying deadly
weapons, to carry a pistol while hunting away from his own premises.(p.579)
Appeal from Freestone.
Tried below before the Hon. J. B. Rector.
Jim Titus was indicted for unlawfully carrying a
pistol about his person.
The testimony showed that Titus, with three or four others, who had
guns, were out hunting about a mile from the residence of defendant; that he was
seen to have in his hand a pistol. They had dogs, and said they were hunting,
about the date charged in the indictment, in Freestone county.
Defendant was convicted and appealed.
J. R. Seeley, for appellant.
S. R. Fisher, for State.
Gould, J. The court
instructed the jury that "A man is not permitted, under the law against carrying
a pistol, to carry a pistol hunting off of his own premises."
Defendant's counsel urge that carrying a pistol for the purpose of
hunting in the neighborhood is not within the spirit and meaning of the law. In
regulating the carrying of pistols, the Legislature have not seen fit to make an
exception in favor of persons hunting. The unnecessary carrying of the weapons
around seems to be the evil aimed at by the Act, and were we at liberty to
ingraft an exception in the law, not authorized by its language, we are are not
prepared to say that the use of pistols in hunting is either necessary or
proper. Bond v. The State (38 Texas, 599) is a case similar
to the present.
The judgment is affirmed.