61 Tex. Crim. 193 | Tex. Crim. App. | 1911
—The defendant was indicted under article 388 of the Penal Code as amended by the Acts of 1905, p. 56, for unlawfully carrying a pistol ofi. or about his person. He was not indicted under article 340 of the Penal Code for going into an assembly and having or carrying about his person a pistol.
• He also testified that in taking the pistol in the house and offering it to Crider he wanted to keep Will Morgan from getting it; that he was afraid he would take it away from him, as he knew he had it; that he carried the pistol home with him to prevent trouble and with no other purpose and had no intention to violate the law by carrying it as he did.
Seyeral witnesses testified that they saw him taking the pistol in his hand from where the fight occurred into the house and offering it to Crider and from there taking it out to his hack.
The court gave a general charge to the jury to the effect that if they believed from the evidence beyond a reasonable doubt that the defendant at about the time charged in the indictment did carry on or about his person a pistol, then to find him guilty, etc.
The defendant requested the following charge: “If the jury believe the pistol charged to have been carried by defendant was the property of Will Hope and that defendant took the same from the said Hope during the fight or personal encounter between said Hope and one Will Morgan on the night in question at the home of said Hope, and did so for the purpose of preventing any person from getting shot or hurt with said pistol, and that for said purpose alone, and with no intent on defendant’s part to violate the law, defendant took the pistol off the premises and returned it to said Hope next
Other errors are assigned. We deem it unnecessary to consider them. They will doubtless not occur upon another trial. We doubt if any of them, however, show reversible error. For the error above pointed out the case is reversed and remanded.
Reversed and remanded.