Zallner v. State

Citations

• 15 Tex. Ct. App. 23
• 1883 Tex. Crim. App. LEXIS 67

Syllabus

<p>1. Carrying Weapons—Indictment.—Under the provisions of the Revised Code upon this subject, it is unnecessary that an indictment should allege more than that the defendant did unlawfully carry upon his person, etc., the forbidden weapon. Under former laws the exceptions were contained in the enacting clause, and it was then requisite that each exception should be substantially negatived; but even then it was not necessary for the State to prove these negative averments, they being exclusively matters of defense.</p> <p>2. Same.—The defendant set up the exception named in article 319 of the Penal Code, i. e., that the weapon was carried “upon his own premises.” The proof was that the premises were in the possession of a tenant of defendant under an unexpired lease, and the lease contained no reservation authorizing the proprietor (the defendant) to enter upon the premises. Held, that the defense was untenable. (See the opinion in extenso on the question.)</p>