About

[ Back | Home ]

[Cite as McDaniel v. State, (Tex. Crim. App.) 26 S.W. 724 (1894).]

McDANIEL v. STATE.

(Court of Criminal Appeals of Texas. May 23, 1894.)

Carrying Weapons.

Defendant traveled horseback from his residence, in H. county, to where he secured a team, and drove to B. county. While traveling the road with this team on his return, he fired a pistol. Held, that he was a traveler, within the provisions of the statute. Stilly v. State, 11 S.W. 458, 27 Tex. App. 445, distinguished.

Appeal from Bosque county court; W. B. Thompson, Judge.

Tom McDaniel was convicted for carrying a pistol, and appealed. Reversed.

Lockett & Kimball, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.

DAVIDSON, J. Appellant was convicted for carrying a pistol. The evidence discloses that he had occasion to go from his residence, in Hill county, to Meridian, in Bosque county, on a matter of business; that he traveled horseback to Morgan, at which point he secured a team, buggy, and driver, and proceeded to Meridian; that on his return from that point he picked up the pistol from under the buggy seat, fired, and replaced it; that he was traveling the road at the time, and there are no facts tending to show that he diverted his course during the trip. We are of the opinion the facts constituted appellant a traveler, within the purview of the statute. That he fired the pistol along or across the public road, or that he thereby created a disturbance of the peace, would not, of itself, change the fact that he was a traveler. This is not an analogous case to that of Stilly v. State, 27 Tex. App. 445, 11 S. W. 458 . It may be stated that he was punished for firing the pistol. Reversed and remanded.

privacy policy