Alexander v. State

Citations

• 27 Tex. Ct. App. 533
• 11 S.W. 628
• 1889 Tex. Crim. App. LEXIS 82

Syllabus

<p>1. Pleading.—Indictment or Information is not bad for duplicity because it contains several counts charging different misdemeanors.</p> <p>2. SAME.—It is not required that each and every count in an indictment shall conclude with the words “against the peace and dignity of the State,” it being sufficient if the instrument as a whole so concludes.</p> <p>3. Carrying Pistol Into a Public Assembly, etc.—Article 320 of the Penal Code defines the offense of going into a church, school room or other place where people are assembled for amusement, etc., having a pistol about the person. The persons excepted from the operation of this article by article 321 are peace officers only, and do.not include even the owner of the premises in which the people are assembled. A school teacher does not come within the exceptions provided by the said article 321, and is not authorized to carry a pistol about his person in his school room, among his pupils, nor on the occasion of a public assembly in his school room.</p> <p>4 Same.—That the accused had reasonable ground for fearing an unlawful attack upon his person is not an available defense to a prosecution for a violation of article 320 of the Penal Code. But see the statement of the case for evidence held insufficient to support such defense even if available.</p>