Shelton v. State

Citations

• 27 Tex. Ct. App. 443
• 11 S.W. 457
• 1889 Tex. Crim. App. LEXIS 56

Syllabus

<p>1. Complaint—Information—Variance.—The complaint alleges that the offense was committed on the sixteenth day of January, 1888; the information that it was committed on the eleventh day of January, 1888. Held, that the variance is immaterial.</p> <p>2. Same,—Verdict reads: “ We, the josurys, find the defendant gilty,” etc. Held, that the words incorrectly spelled constitute no material defect.</p> <p>3. Carrying a Pistol — Exemption as “A Person Traveling”— Practice.—Whether the accused was “ a person traveling” and therefore exempt from the operation of the statute denouncing the offense of carrying a pistol, is a question of fact for the determination of the jury.</p> <p>4. Same.—A Fugitive from Justice, while fleeing the country, is not “ a person traveling,” within the exception of the statute forbidding the carrying of a pistol.</p> <p>6. Same—Venue.—Proof of the venue as alleged is essential to a legal conviction for crime.</p>