# Morrison v. State

> Court of Criminal Appeals of Texas · June 1, 1960 · 170 Tex. Crim. 218

URL: https://www.frixlaw.com/law-library/cases/9771465

## Case

- **Full name:** Charles Walter Morrison v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 1, 1960
- **Citations:** 170 Tex. Crim. 218; 339 S.W.2d 529; 1960 Tex. Crim. App. LEXIS 2149
- **Precedential status:** Published
- **Opinion:** On rehearing by Morrison
- **Judges:** Woodley, Morrison
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9771465

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771465. Public record. Not legal advice.