State v. Clayton

Citations

• 43 Tex. 410

Syllabus

<p>1. Indictment—Cabbying deadly weapons.—An indictment which charges one with carrying a deadly weapon, and alleges that he was neither a peace officer nor a policeman, negatives the existence of the exception in his case which would have existed had he been a civil officer.</p> <p>2. Indictment.—Such an indictment, if it alleges that at the time charged the defendant carried the deadly weapon on Ms person, negatives the existence of the exception created by statute in favor of one traveling in the State and carrying arms with his baggage.</p> <p>3. Indictment.—An indictment charging an offense created by a statute which excepts from its operation those who, under circumstances specified, do the act which would otherwise he penal, must show by negative averments that the defendant is not within any of the exceptions mentioned in the statute.</p> <p>On Reheabing.</p> <p>4. Govebnob’s pboolamation—Cabbying deadly weapons.— The power of the Governor to exempt certain counties from the operation of the law against carrying deadly weapons is not exhausted as to the inhabitants of a particular county by the issuance of his proclamation exempting them from the operation of the law, but he may, by a second proclamation, revoke the first and make such county again subject to the operation of the law.</p>