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[Cite as Hardy v. State, 37 Tex. App. 511, 40
S.W. 299 (1897).]
Will Hardy v. The
No. 1140. Decided April 14th, 1897.
Unlawfully Carrying a Pistol--Charge.
trial for unlawfully carrying a pistol, where the evidence showed, that the
pistol was in the box of a wagon in which defendant and others were riding, the
court erred in charging the jury, "that if a person carry a pistol in a wagon in
which he is riding, such pistol being near and within easy reach of such person,
then, in law, this would be carrying a pistol about his person."
Appeal from the District
Court of San Saba. Tried below before Hon. W. M.
Appeal from a conviction for unlawfully carrying on and about his
person a pistol; penalty, a fine of $25 and ten days' imprisonment in the county
No statement necessary.
[No brief for appellant.]
Mann Trice, Assistant Attorney-General, for
DAVIDSON, Judge .--Appellant
was convicted of carrying on and about his person a pistol; hence this appeal.
The testimony for the State proves the allegation in the indictment. The
evidence for the appellant shows that the pistol was in his wagon, and he did
not have it on and about his person; that it was in a box in the wagon in which
defendant and others were riding. The court charged the jury in this connection
"that if a person carry a pistol in a wagon in which he is riding, such pistol
being near and within easy reach of such person, then, in law, this would be
carrying a pistol about his person." This charge was excepted to by the
defendant, and the following special charge requested: "If the jury should find,
from the evidence in this case, that the defendant's pistol was carried in a box
in the front end of the wagon in which defendant came to San Saba town, and not
on or about his person, defendant would not be guilty, and you should so find by
your verdict." This was refused. We believe the court's charge was erroneous,
and the charge asked by the defendant should have been given. See, Cathey v. State, 23 Tex. Crim. App., 492 . The judgment is
reversed, and the cause remanded.
Reversed and Remanded.