Lyle v. State

Citations

• 21 Tex. Ct. App. 153
• 17 S.W. 425
• 1886 Tex. Crim. App. LEXIS 105

Syllabus

<p>1. Carrying a Pistol—Evidence.—The defense, in a prosecution for carrying a pistol, offered in evidence the commission of the sheriff of the county appointing the accused a special deputy to pursue and capture horse thieves. Upon objection by the State, the substance of which is not disclosed, the evidence was rejected. Held, error; the document, whether legal or illegal,- being of a nature calculated to lead the accused to believe that he had the right to carry the pistol, should have been admitted.</p> <p>3. Same.—The object of the code in denouncing a penalty against the carrying of a pistol, is not to punish under circumstances which clearly show that there was no intention on the part of the person carrying it, to violate the law.</p> <p>3. Same—Quere.—Has not a citizen, while in pursuit of stolen property in the hands of the thief or thieves, the right, notwithstanding the general statute, to carry a pistol.</p> <p>4. Same—Evidence.—The trial court refused to permit the accused to introduce in evidence his commission as deputy sheriff, in mitigation of . punishment. Held that, inasmuch as the jury assessed against him the ■ minimum penalty, the accused cannot be heard to complain of this ruling of the trial court.</p> <p>5. Same—Practice.—In refusing to permit the accused to prove by a State’s witness the enmity entertained by the said witness against him, the trial court erred.</p>