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[Cite as McDaniel v. State, (Tex. Crim. App.)
26 S.W. 724 (1894).]
McDANIEL v. STATE.
(Court of Criminal Appeals of Texas. May 23,
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,
Appeal from Bosque county court; W. B. Thompson,
Tom McDaniel was convicted for carrying a pistol, and appealed.
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.