Fuller v. State

Court of Criminal Appeals of Texas

Fuller v. State

87 S.W. 832, 48 Tex. Crim. 300, 1905 Tex. Crim. App. LEXIS 182

CourtCourt of Criminal Appeals of Texas

DecidedMay 24, 1905

DocketNo. 2863.

StatusPublished

Cited by9 cases

This text of 87 S.W. 832 (Fuller 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

Fuller v. State, 87 S.W. 832, 48 Tex. Crim. 300, 1905 Tex. Crim. App. LEXIS 182 (Tex. 1905).

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Opinion

DAVIDSON, Presiding Judge.

The information charges that appellant, “did then and there go into and near a public place to wit: a certain store-house, then and there owned and occupied by S. G. Cross, and he, the said W. P. Fuller, did then and there unlawfully and wilfully display a certain deadly weapon to wit: a certain club of wood in a manner calculated to disturb the parties who were then and there assembled and resorted for purposes of business,” etc. Motion is made to quash the complaint and information, presenting various reasons. Article 334, Penal Code, denounces a punishment against those who “rudely display any pistol or other deadly weapon in a manner calculated to disturb,” etc. It will be noted that the information charges appellant “wilfully and unlawfully” displayed a deadly weapon. “Wilfully” is not synonymous with “rudely”; nor does it convey the same meaning. The instrument could be displayed “wilfully” or “unlawfully” without coming within the terms of this statute. We are also of the opinion that the club is not a deadly weapon within the contemplation of this statute. A club may or may not be a deadly weapon. It was the evident purpose of the Legislature to confine the deadly weapons mentioned to pistols, guns, or weapons of like ■ character, usually understood to be deadly. The evidence shows that the club was a hickory stick, a little longer than an ordinary walking stick, weighed eleven ounces, and could hardly be termed a deadly weapon, *301 within the purview oí this statute. The manner oí it being displayed, is thus described: “The defendant attempted to strike with said stick and displayed the stick in this manner (witness here took the stick by the small end and made three or four motions up and down as if to strike some object).” The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

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DAVIDSON, Presiding Judge.

The information charges that appellant, “did then and there go into and near a public place to wit: a certain store-house, then and there owned and occupied by S. G. Cross, and he, the said W. P. Fuller, did then and there unlawfully and wilfully display a certain deadly weapon to wit: a certain club of wood in a manner calculated to disturb the parties who were then and there assembled and resorted for purposes of business,” etc. Motion is made to quash the complaint and information, presenting various reasons. Article 334, Penal Code, denounces a punishment against those who “rudely display any pistol or other deadly weapon in a manner calculated to disturb,” etc. It will be noted that the information charges appellant “wilfully and unlawfully” displayed a deadly weapon. “Wilfully” is not synonymous with “rudely”; nor does it convey the same meaning. The instrument could be displayed “wilfully” or “unlawfully” without coming within the terms of this statute. We are also of the opinion that the club is not a deadly weapon within the contemplation of this statute. A club may or may not be a deadly weapon. It was the evident purpose of the Legislature to confine the deadly weapons mentioned to pistols, guns, or weapons of like ■ character, usually understood to be deadly. The evidence shows that the club was a hickory stick, a little longer than an ordinary walking stick, weighed eleven ounces, and could hardly be termed a deadly weapon, *301 within the purview oí this statute. The manner oí it being displayed, is thus described: “The defendant attempted to strike with said stick and displayed the stick in this manner (witness here took the stick by the small end and made three or four motions up and down as if to strike some object).” The judgment is reversed and the prosecution ordered dismissed.

Reversed and dismissed.

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Bluebook (online)

87 S.W. 832, 48 Tex. Crim. 300, 1905 Tex. Crim. App. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-state-texcrimapp-1905.

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