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[Cite as Stanfield v. State, (Tex. Crim. App.)
34 S.W. 116 (1896).]
STANFIELD v. STATE.
(Court of Criminal Appeals of Texas. Feb. 12,
One who went upon a visit to a place 15 miles
distant from his home was not a traveler, within the proviso exempting travelers
from prosecution for carrying concealed weapons.
Appeal from Hill county court; W. P. Cunningham,
Charlie Stanfield was convicted of carrying a pistol, and appeals.
John D. Pitts, for appellant. Mann Trice, for the
HENDERSON, J. The appellant was tried on an
information charging him with unlawfully carrying a pistol on and about his
person, was convicted, and his punishment assessed at a fine of $25. The defense
set up by appellant is that he was a traveler at the time he was found with the
pistol. The proof showed that he lived with his father in Hill county, and had
gone to an uncle's place, some 15 miles distant, in McLennan county, on a visit,
and returned the same day. On his route back home he was arrested, and a pistol
found on his person. In contemplation of the law, as we construe it, he was not
a traveler. See Darby v. State, 23 Tex. App. 407, 5 S.W. 90 . The
judgment is affirmed.