Cortez v. State

Court of Criminal Appeals of Texas

Cortez v. State

256 S.W.2d 855, 158 Tex. Crim. 446, 1953 Tex. Crim. App. LEXIS 1649

CourtCourt of Criminal Appeals of Texas

DecidedApril 15, 1953

DocketNo. 26,373

StatusPublished

Cited by2 cases

This text of 256 S.W.2d 855 (Cortez 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

Cortez v. State, 256 S.W.2d 855, 158 Tex. Crim. 446, 1953 Tex. Crim. App. LEXIS 1649 (Tex. 1953).

Pincite

Opinion

DAVIDSON, Judge.

Appellant was charged by complaint and information with unlawfully carrying a pistol on and about his person. He entertained a plea of guilty to rudely displaying a pistol, under such information, and was by the court found guilty thereof and assessed punishment at a fine of $25.

There is no offense known as “rudely displaying a pistol,” but such may constitute a violation of the disturbing-the-peace statute (Art. 474, Vernon’s P. C.) when done in a manner calculated to disturb the peace.

Disturbing the peace is not an offense of a lesser degree to that of unlawfully carrying a pistol. We so held in Williams v. State, 149 Tex. Cr. R. 296, 194 S. W. 2d 94, and in Bell v. State, No. 26,342, (Page 393, this volume).

The judgment of the trial court is reversed and the cause remanded.

Opinion approved by the court.

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