Donalson v. State
Donalson v. State
Opinion of the Court
1. The statute prohibiting anyone from carrying, outside of his own home or place of business, a pistol, without first obtaining a license from the ordinary of the county in which he resides (Acts 1910, p. 134, Park’s Penal Code, § 348 (a), 348 (b) ), when properly construed as a whole, means that where on.e gives the required bond and secures a license to carry a pistol, he is authorized thereby to carry only the identical pistol for which the license is issued. While this is true, and while the act requires the ordinary granting the license to keep a record of the name of the person taking out the license, the name of the maker of the pistol to be carried, and the caliber and number of the pistol, the act does not require that these facts (except, of course, the name of the person to whom the license is issued) shall appear in the license itself or in any certificate from the ordinary that he has issued such a license.
2. Where upon the trial of one charged with carrying a pistol, outside of his own home or place of business, the defendant tendered in evidence a license from the ordinary of his home county authorizing the de
3. The error in excluding the documentary evidence referred to above requires a new trial of the case.
Judgment reversed.
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