3 S.W. 477


HARRIS
v.
STATE.1


Court of Appeals of Texas.


January 22, 1887.

Appeal from county court, Freestone county.

The opinion discloses the case. The penalty assessed was a fine of $25.

Gardner & Etheridge, for appellant. Asst. Atty. Gen. Burts, for the State.

WILLSON, J.

This is a conviction under article 318 of the Penal Code for carrying on the 
person brass knuckles. The information charges the offense properly, and 
describes the arm unlawfully carried as brass knuckles, which is one of the arms
specifically named in the statute creating the offense. It

Page 478

appeared in evidence that the arm carried by defendant was made of steel, and 
was not in fact made of brass. The said weapon, however, was the same as that
commonly known as "brass knuckles," in shape, size, use, etc. The only question
in the case is, are knuckles made of steel, or any other material except brass,
within the meaning of the term "brass knuckles," used in the statute? The trial
judge held that brass knuckles meant steel or any other metal knuckles. In this
view we concur. We understand the words "brass knuckles," as used in the 
statute, to signify a certain weapon used for offense and defense, worn upon the
hand to strike with, as if striking with the fist. This weapon, when first known
and used, was commonly made of brass, but is now made of steel, platinum, or 
other heavy metal, as well as brass, but is still known and called "brass 
knuckles," no matter what metal it is made of. "Brass knuckles" is the name of 
the particular weapon, as "slung-shot," "sword-cane," "bowie-knife," are names 
of certain other weapons. The word "brass" is used to designate the weapon, not
to specify the metal of which it must be made. It is the evident intention and 
spirit of the statute to suppress the carrying of this dangerous and deadly 
weapon, and this spirit and intent of the law would be largely, if not entirely,
defeated by holding that the weapon must be made of brass, because the same 
weapon can be and is manufactured more cheaply of other metals, while at the 
same time it is just as dangerous and as deadly as if made of brass.

We find no error in the conviction, and the judgment is affirmed.

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Notes:

1. Reported by Messrs. Jackson & Jackson, official reporters of the Texas court 
of appeals.

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