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[Cite as Mangum v. State, 15 Tex. App. 362
Henry Mangum v. The
Pistol--Evidence.--See the opinion in extenso for facts
held insufficient to establish the carrying of deadly weapons, as that
offense is defined by statute.
Appeal from the District
Court of Trinity. Tried below before the Hon. J. R. Kennard.
The opinion discloses the case.
Robb & Stevenson and Denson &
Burnett, for the appellant.
J. H. Burts, Assistant Attorney General, for
Hurt, Judge. Henry Mangum
was convicted of unlawfully carrying a pistol, and was fined twenty-five
Defendant and others were on their way to church, when defendant
found the pistol in the road, got down, picked it up and knocked the dirt from
it, put it in his pocket and went on to church, but did not go into the church
building. After church, defendant, accompanied by Charlie Hodge, went to Mr.
Fussel's, who lived about one-half mile from the church. While there the State's
witness (Fussel being the only witness for the State) says that on a Sunday in
March or April, 1883, defendant was at his house, sitting in a chair; witness
heard something fall, looked and saw a pistol under the chair of the defendant.
Defendant put his hat over the pistol. Witness went into another room, and upon
returning the pistol was gone.
Do the above facts show a violation of the law? Does the penal law of
this State prohibit and punish a citizen for finding a pistol and carrying it to
his house? We think not. A party may so carry a found pistol as to be guilty of
a violation of the Code, but certainly the facts of this case are not such as to
warrant such a conclusion.
The facts do not support the judgment, and for this reason it must be
reversed and the cause remanded.
Reversed and remanded.
Opinion delivered February 2, 1884.