
    RAMIREZ v. STATE.
    No. 24399.
    Court of Criminal Appeals of Texas.
    June 8, 1949.
    Frank J. Galyan, Jr., El Pasó, for'appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State. ‘ ■
   DAVIDSON; Judge.

'Art. 483, P.C. makes it unlawful for one to carry, among' other things, on or about his person a “knife" manufactured or Sold for the purposes of offense or defense..”

Appellant stánds here convicted- -of a. violation of said provision, with punish-mént assessed at sixty days’ confinement, ■in jail.

Notwithstanding the provision, of Art. 483, P.C. above mentioned has been a part of the statute law of this State for more than sixty years, the instant case is, in so far as we have been able to ascertain, the first appeal from a conviction, thereunder to -reach this court. Such, in all probability, has been occasioned by the-burden cast upon the State to prove a. case thereunder — that is, :the purpose for which the knife was manufactured or sold. In the instant case the State wholly failed to discharge that burden.

Because the evidence fails to establish the allegation of the information, the judgment is reversed and the cause is remanded.

Opinion- approved by the Court.  