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Hopkins v. the State

Court of Criminal Appeals of Texas
May 10, 1916
186 S.W. 201 (Tex. Crim. App. 1916)

Opinion

No. 4067.

Decided May 10, 1916.

Carrying Pistol — Former Jeopardy.

Where, upon trial of unlawfully carrying a pistol, the defendant pleaded former jeopardy in that she was acquitted on the charge of murder while she carried the pistol in question, the same was correctly stricken from the record, as the two offenses are entirely separate and distinct.

Appeal from the County Court of Bexar. Tried below before the Hon. Nelson Lytle.

Appeal from a conviction of unlawfully carrying a pistol; penalty, a fine of one hundred dollars.

The opinion states the case.

No brief on file for appellant.

C.C. McDonald, Assistant Attorney General, for the State.


Appellant was convicted for unlawfully carrying a pistol and fined one hundred dollars. No statement of facts nor bills of exceptions are in the record.

Appellant plead former jeouardy in that she was acquitted of a charge of murder with which she was charged while she carried the pistol with which she committed the killing. The two offenses are entirely separate and distinct, as has many times been held by this court. The court did not err in overruling her plea of former acquittal.

The judgment is affirmed.

Affirmed


Summaries of

Hopkins v. the State

Court of Criminal Appeals of Texas
May 10, 1916
186 S.W. 201 (Tex. Crim. App. 1916)
Case details for

Hopkins v. the State

Case Details

Full title:MARY HOPKINS v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: May 10, 1916

Citations

186 S.W. 201 (Tex. Crim. App. 1916)
79 Tex. Crim. 490