finding a machine gun is not commonly kept for self-defense, and a law making it unlawful to possess a machine gun is not violative of the Texas constitutional right to bear arms
How later courts described this case
- finding a machine gun is not commonly kept for self-defense, and a law making it unlawful to possess a machine gun is not violative of the Texas constitutional right to bear arms
- “the statute making it unlawful to possess a machine gun is not violative of the constitutional right of every citizen to keep and bear arms in the lawful defense of himself or the state, [since] the Legislature [has] the power by law to enact such law with a view to prevent crime”
Written by the judges who cited it.
The opinion
On Motion for Rehearing
MORRISON, Presiding Judge.
On original submission we declined to pass on the question of jeopardy because the plea was not verified. In this we were undoubtedly correct. 16 Tex. Jur. 2nd, Secs, 320, 321, pp. 499, 500. We do, however, call attention to the fact that the maximum punishment for assault with.intent to murder without malice is three years and that in the prior conviction appellant was assessed a punishment of five years. If void because in excess of the maximum provided by law, the same might not form the basis for a plea of former jeopardy.
Appellant’s motion for rehearing is overruled.