State v. Duke

Citations

• 42 Tex. 455

Syllabus

<p>1. Deadly weapons.—indictment eor carrying. An indictment for unlawfully carrying deadly weapons, under tlie Act of April 22, 1871, should negative that the weapon was carried by a person, or at a place, or under circumstances allowed by the statute.</p> <p>2. Same. An indictment for charging that defendant did unlawfully carry on his person one pistol, known as a six-shooter,” does not charge an offense against the law.</p> <p>8. Constitutional law. The provisos in the act being essential parts of the description of the offense, a statute authorizing their omission would be in violation of the Constitutional right to he exempt from answering any criminal charge but upon indictment or information,</p>