Bain v. State
| Decision Date | 23 February 1898 |
| Citation | 44 S.W. 518 |
| Parties | BAIN v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Motley county court; A. R. Anderson, Judge.
George Bain appeals from a conviction. Reversed.
W. M. Smith, for appellant. Mann Trice, for the State.
Appellant was convicted of carrying a pistol, and his punishment assessed at a fine of $35; hence this appeal.
Upon the trial, the defendant being on the stand as a witness in his own behalf, the state asked him "if it is not a fact that you have been heretofore charged, in a number of instances, in this county, with like offense"; to which he replied, "I have been charged before with like offenses; I don't know how many times." This evidence was clearly inadmissible. The fact that a man unlawfully carries a pistol is no bar upon his credibility as a witness. The lowest penalty attached to this offense is a fine of $25. The jury assessed a fine of $35. This illegal testimony may have caused this result. The defense was that appellant was a traveler. It appears from the record that he lived in Motley county, about 35 miles on a direct line from Childress, the point of his destination, and in going to which place on this journey he passed through portions of several counties. He arrived at Childress about 1 o'clock in the day, and remained overnight, returning home the next day. Unquestionably, this raised the issue whether or not he was a traveler at the time he was charged with carrying the pistol. The illegal evidence may have induced the jury, notwithstanding they might have believed he was a traveler, to find against him because of his habit of carrying pistols.
Under the circumstances of this case, we believe the defendant had a good defense. He was evidently a traveler. We are aware that the decisions upon this point are not harmonious. See Darby v. State, 23 Tex. App. 407, 5 S. W. 90; Price v. State (Tex. Cr. App.) 29 S. W. 473; Stanfield v. State (Tex. Cr. App.) 34 S. W. 116; Eubanks v. State (Tex. Cr. App.) 40 S. W. 973; Stayton v. State, Id. 299. The fact is that it is difficult to tell, under the statute, who is a traveler. The statute uses the term "traveler," and exempts all such from liability or punishment for carrying a pistol. The general definition of a "traveler," in the dictionaries, is "one who travels in any way; one who makes a journey, or who goes from place to place." See Cent. Dict.; Webst. Dict. By this term, construed under its ordinary meaning, almost any one who...
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Moosani v. State
...ambiguous. Indeed, almost a century ago we noted the ambiguity and called for the Legislature to define traveling. Bain v. State, 38 Tex.Crim. 635, 44 S.W. 518 (App.1898). Appellant would have us adopt the broadest definition of traveling, one which would include movement of any kind. Howev......
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Sanchez v. State
...v. State, 116 Tex.Crim. 90, 31 S.W.2d 652, 653 (1930); George v. State, 90 Tex.Crim. 179, 234 S.W. 87, 88 (1921); Bain v. State, 38 Tex.Crim. 635, 44 S.W. 518, 518 (1898). 8. Vogt v. State, 159 Tex.Crim. 211, 258 S.W.2d 795, 796 9. Bain, 44 S.W. at 518 (journey of thirty-five miles includin......
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Birch v. State
...any unbending rule or determine distance that will characterize an act as a journey or the actor as a traveler. Bain v. State, 38 Tex.Crim. 635, 44 S.W. 518, 518 (1898) (holding that one who traveled thirty-five miles was a traveler). Where the actor was preparing to spend the night, the di......
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Gomez v. State, No. 03-07-00050-CR (Tex. App. 4/24/2008)
...simply going from place to place, as "almost every person who goes from place to place may be considered a traveler." Bain v. State, 44 S.W. 518, 518 (Tex. Crim. App. 1898). Instead, Texas courts have generally distinguished "traveling" based on the distance and duration of the trip, also c......