Brito v. State

Court of Criminal Appeals of Texas

Brito v. State

279 S.W.2d 104, 1955 Tex. Crim. App. LEXIS 2146

CourtCourt of Criminal Appeals of Texas

DecidedMay 18, 1955

Docket27504

StatusPublished

Cited by4 cases

This text of 279 S.W.2d 104 (Brito v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brito v. State, 279 S.W.2d 104, 1955 Tex. Crim. App. LEXIS 2146 (Tex. 1955).

Pincite

Opinion

DAVIDSON, Judge.

This is a conviction under Art. 483, Vernon’s Ann.P.C., which makes' it unlawful for one to carry on or about his1 person a “bowie knife or any other knife manufactured or sold for the purposes of offense or defense.” The punishment was assessed at six months in jail.

In charging such offense, the information charged only that appellant did unlawfully carry on or about his person a knife.

Appellant’s attack upon the information as being insufficient to charge an offense should have been sustained.

To come within the statute the knife must be one which is described in the statute. Knives, generally, are not covered by the statute.

The judgment is reversed and the prosecution ordered dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI