OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Alex Jung 

County Attorney 

~111eepie County 

Fredericksburg, Texas 

Dear Sir: 

Tour lettor request 

msnt on the questions etat 

followa: 

inton or thbddepartubetantially a8 

y, together 

ame to Fndetila&kburg a aortain pieked up in '~ 

her (far a ILr nd then pfakVW) at thr 

shamed a gal- 

~crtabliehment 

telds of the crity 

Before getha tavern, it was 

e party,thqt Mr. A 

1, which he had bean 

he horn of !&. and lhrs. B. 

e home of Xr. and Mrs. B. 

after its olosla& the three 

088 ths highway to another a** 

e all of the wine rata oonmmd 

ouplaa iu addition to mte beer. 

med with a youn& laby outs1 e 

&a, 

of 

the threeOcouple party. Apparently there' 

some trouble between Ur. A and tie wlie. The 

tfuree aouplea returned to the homu of Mr. and 

We. B, and there Mr. A ordered the plrtol turned over to him, wblch was finally done by YIrae B, 

nharsu;lon Zdr. k reimmrted some seven cartridges 

lneo the &at01 and it went art and struck Mr. B. 
Honorable Alex Jung, Page 2 

You further state in effect that we may as-me 

for the purposes hereor that the evidsnoe (eon Ii not so 

oonclusively above indloatsd) will nevel~fheless show tbst 

l&r. A had the pistol in the oar when he and his wife cape 

to the home of Xr. and Mrs. B, and that it had been carried 

there rrom a certain city outside of Gillespie county. Mr. 

A us8 in possession of a c.ard simed by the sheriff of 

County, Texas, showing that Mr. A was a apsolal~ 

aeputy sherifr of county. 

Your questions are substantially as follows: 

(a) Assuming that Mr. A is ae;ymi; a 

special deputy sheriff of 

Texas, reoelvtng no crenpessation aa suuh,’ 

either official or private, wan he authorized 

to so carry a pistol within the oonflnee of 

Gilleeple county? 

(b) In drawing a ounplaint an6 lniormatiorr, is ft moemary to negative the mettars 

in Artiole 484, Varnonts Annotated Penal Code, 

and to prove such negative allegatioae in ord8r 

to make out a 0aaeP 

(0) Assuming Mr. A reoeived no oompeneation as such Orfleer but war duly appointed, 

and -aonfi#med as a apeaial deputy sheriff of 

County, and assuming that he reoel*- 

ed no private ooupen++ioa for any services as 

suoh, wan he permitted to carry a pinto1 in 

Gillespie County? 

(d) Under Artiole 484, eupra, would he be 

olassed as a spsoial polloenran v&o reooivcu, no 

compensation for hie serrioem am such officer? 

(e) ~esumlng Nr. A had no ofricial buminess whatsoever to perform on his trip from 

aity to Fredericksburg, nor while there. 

and it was solely one for pleaaurs, was he excused from the penalflee of Artiole 483, Vernon’s Annotated Penal Code, under the provisi~li 

or Article 484, supa, rela tiva to ~persons traveling? 

Article 483, Vernon’s Annotated Penal Code, provides: 
Honorable Alex Jung, Page 3 

"IYhosver shall oerry on or nbout his psrson, eeddle, or in his saddle bags any pistol, 

dirk, dagger, slung-shot, sword O&M, spear or 

knuckles made of any setal or any hard substance, bowie knli'e, or any other knife smnufactored or sold for the purposes Of oitenso 

or defense, shall be punished by fine not less 

than $100.00 uor more than &SOO.OO or by oon- 

?insmsnt in Jail for not less than one month 

nor mm than om year.v 

Article 484, Vernon*8 Aanotated Penal Oods, reads 

as r0ilOtm: 

mThe preceding article shall not apply to 

a person in aotusl service as a mllitiams.n, 

nor to any peaes offleer in the aotual dlsahsrge of his of?ieial duty, aor to the oarsying o? aam8 on one'8 ows premises or place oi 

buslsemv, oar to psr6ons travsling, nor to shy 

deputy eonstabls, or special pollossa@who rsosivss a oompensatior. of rorty dollars.~.or more 

per month ror his senicss as swh orifoer, and 

who ls appointed in Oon?OI?aity with the ststutes authorielBg suoh appointmast; nor to the 

Qwae, Fish and Oyster Commisslonar, nmr to any 

deputy, when in the aotual dlsohargs o? his 

duties as suoh, nor to any gsae wmdeh, or 

loeal deputy Wse Flsb and Oyster Covm~lssioner when in the a&al disolmrge o? his dutiss 

in the oousty o? his rssidenosl nor shall it 

apply to any game arden or deputy Game, Bi8h 

and Oyster Comalsaioner rho aotually~reosivss 

iroa the State tees or ooPlpsnsation ?or hi8 

serviass.w 

With reference to your first qUeStiOS, Wa Qall yOUr 

attention o? Gandarav. State, 85.3 9. WI 166, wbioh hold8 

t&t ah auto driver ?or hire, who was oomsissioned as a 

deputy shori??, was not authorleed to oarry a pistol when he 

WaS sot engaged in the disohtirge o? an official duty at the 

time he was found in possession o? the pistol. In this ease, 

the deputy qualiried by taking the oath o? offios, asd the 

commission was issued to him by ths eouaty olerk of El Paso 

County, and the oomdesion ms eff~otivo at thetime appdlant was arrested. 
During the time he bad held suQk oommission appennant had maa no arrwt, bfib 8ened w alril prooe88, and 

wad drawing no toapenaatlon a8 deputy sharirt, and uao not 

engaged in tke dleohargo of any orfialnl duty at the tin0 

he wn8 fouad in poerr88iOn of the pi8tOl. ti Vim Of the 

holding in this .Oa8., we re8pWitfullJ amMet your fir8t quaation in the negatlrr. Provided, OS oouree, the deputy sharlrf wa8 not engaged in trio dleaharge or any orflalal duty 

at ths tlao he ua8 ima in pes8easion or the pirrtol. 

We awnor your 8eaoBd quastton In the naeetiv#. 

An lmliotmsn~ in 8uoh a Ba8a is 8UrriOieEt when the word8 

of the 8tatute ars used. (Plokatt v. State, 10 Cr. 8. 99Or 

maker f. Stats, 143 8. W. 611) 

Tha aarar or Powall v. State, 99 9. w. 206; Lewell 

v. Stato, 54 Ter. Cr. R. 640, &arri8 V. State, 196 8. W. 890, 

hold, among other thlw, that an lndiotmoat or lniomatian 

alleglag the tisrs and venue and that the defordant dlB aarry 

on and about hi8 par8Oa o pi8tO1, i8 good. 

'Ia the oaso of Bnkarp. Stote,~,lOU 8. If. (Ed) 508, 

the court~of Crhlnal A~pealr,‘%pJlbag through Ju@a Lot%:- 

aore, wtdr 

Vroa wiat we ham sa%d and a8 far a8 

m hnvo been able ~to uoart&, our oourt8 ,have 

UdrOmy hOid that rfiOn the b¶&8imArO 84M8 

rit to orants whwJpt10na to the general penal 

provl8iaa8 OS the 8tatuto a#? ruah exception8 be 

- ylaoed in a eoparato 8e1othjti or artiolr from 

the OBO containing the daf4nitlon of tha Offan8e, 

or if they be 8ot 8uoh a8 to be emsantlal to the 

daflnitloo of the offwiw, it will n&be me- 

.s8sary to ne&ative rush eroaptls~ in tbo indictment oharging aucb ofi~on80.* 

3n ownaction tith the foregoing, '110 oall 

tontiOB t0 the Oa8e8 of FOrtilOB v. St&e, 198 S. 8,. 1 

our at9d) mz, 

and Stove11 v. State, 189 8. SF. (Zd) 104. However, we think 

there On808 6r0 diBtlngui8habl. anil are IWt applicable to the 

quaetion8 involved in thl8 Oplrrton. Therefor@, we do not despl 

it fiO@a88a~ t0 dlSoU86 the80 Ba8b8 f\p)bw. 

What Wa8 8aid SOgaMing ?ihO fiP8t qW8tiOU quoted 

above 18 equally applloable to four third Wa8aon. Tim refare 

we M8wr the 8EW in the BO&atiVO.