Winchester Handgun?

[B. Lahey]

In a case I had to read for my evidence class today a ".38 caliber Winchester handgun" is mentioned.

Did Winchester ever make handguns, or is this just another example of a bad description making it into the record because nobody involved knew enough about guns to correct it?

The same case talks about "dum-dum bullets", so I'm guessing the second explanation is more likely.

 

[KyJim]

I know nothing about this but there are some Winchester bolt action .22s at http://www.leroymerz.com/catalog_C0_17_1.php

That is the sum total of my knowledge.

 

[44 Deerslayer]

Before Oliver Winchester brought out his famous rifle there was a lever action pistol called a "Volcanic" sometime after the Civil War. The Volcanic and the Henry rifle were later merged into Winchester. As I remember, Winchester was a businessman that bought the early patents from Henry. I don't have my books handy so this is from memory only. I may not have all the details correct but it's been quite awhile since I read the Winchester history. Technically, Winchester didn't make a handgun although many early lever rifles were sawed down to make a really short rifle or handgun of sorts.

Anyhow, I think a Winchester handgun is an imaginary creation. Dum-Dum is the rough definition of a hollowpoint. Early dum-dums were made to expand by taking a knife and making deep cuts in the lead so it would expand when hitting flesh.

 

[wjkuleck]

Circa 1876 Winchester prototyped a revolver design right after Colt prototyped a lever-action rifle. Both companies made a tacit agreement not to tread on the other's turf.

Your "Winchester 38 Caliber handgun" is a fictional character, right up there with the "Ruger .25 auto" in that infamous "Law and Order" episode (in the reruns, the producers dubbed in "Kruger" over "Ruger").

Regards,

Walt

 

[lechiffre]

i believe .38 winchester is another name for 38-40 aka 38wcf

 

[B. Lahey]

i believe .38 winchester is another name for 38-40 aka 38wcf

The same thought had occurred to me, but the case is from the early 1990s, and the defendant was some kind of big-time killer for hire. It just seemed unlikely to me that a hitman would carry something like a .38-40 at such a late date in history.

It did happen in Texas, though.

 

[Firepower!]

which case book are you using and whats the title for the case? I thought you should start having finals by now.

 

[DPris]

Winchester did make a DA revolver, it was never marketed.
Denis

 

[B. Lahey]

which case book are you using and whats the title for the case? I thought you should start having finals by now.

Finals were a few weeks ago, the summer semester started this week.

The book is called "Evidence Illustrated" by John Scott (who also happens to be teaching my class). The case is Green v. State 840 S.W.2d 394 (Tex. Cr. App. 1992), but the textbook only has a summary of the case.

I just looked up the unedited case on Westlaw and figured out what this is all about. The ammunition used in the crime was made by Winchester, and the gun used was a blued .38 revolver of unspecified manufacture. The author (my teacher) must have gotten mixed up when he was writing the summary.

Now the real question is...

Should I tell him his case summary has an error?

 

[deanadell]

Now the real question is...

Should I tell him his case summary has an error?

Yes you should....at the end of the semester when your grade has been turned in.

 

[KyJim]

Just because lawyers work in criminal law doesn't mean they know anything about firearms. I informed a colleague recently about the size of hole the 45mm handgun he referred to would make.