42 Tex. 466 | Tex. | 1874
So much of the third section of an “Act to.reg- “ ulate the keeping and having of deadly weapons,” as it is material to copy is as follows: “If any person shall go into “ any church, * * * and shall have or carry about his person, “ a pistol, * * * unless an officer of the peace, he shall be “ guilty of misdemeanor, etc.” * * On the trial of an indictment, under this statute, the court instructed the jury: “If “ you are satisfied from the evidence, that the defendant eom- “ mitted the offense charged, he cannot justify or excuse the act . “ by showing that he held a commission as a special police- “ man, unless when it appears from the evidence, that at the “ time of the act he was in actual service as a special policeman,
Reversed and remanded.