Rainey v. State

Citations

• 8 Tex. Ct. App. 62

Syllabus

<p>1. Unlawfully Carrying Arms. — The purpose of art. 320 of the Penal Code, which prohibits the carrying of certain weapons into a church, school-room, ball-room, etc., is not the protection of the edifice or premises, but the protection of the persons there assembled. An information, therefore, which alleges that the defendant went into a ball-room with a pistol on his person, charges no offence unless it further avers that there were persons there assembled.</p> <p>2. Same—Peace-Officer. —A de facto marshal of a corporate town, who in that capacity carries a pistol into an assembly of persons, is, it seems, a “peace-officer” within the meaning of art. 321 of the Penal Code, which exempts such officers from the operation of the preceding article.</p>