Blacknall v. State
Supreme Court of Arkansas
Appeal from Clark Circuit Court; George W. Hays, Judge, •on exchange of circuits; 1. The indictment charges two separate offenses, under § § 1609 and 1610 of Kirby’s Digest. Id. § 2231; 83 Ark. 26; ■6o Id. 13, dissenting opinion, Wood, J. The demurrer should have been sustained.
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Appeal from Clark Circuit Court; George W. Hays, Judge, •on exchange of circuits; 1. The indictment charges two separate offenses, under § § 1609 and 1610 of Kirby’s Digest. Id. § 2231; 83 Ark. 26; ■6o Id. 13, dissenting opinion, Wood, J. The demurrer should have been sustained. Kirby’s Dig., § 2286. 2. The State must prove beyond a reasonable doubt that the pistol was not such as is- used in the army or navy. 83 Ark. 26; 84 Id. 332; 54 Id. 336; 49 Id. 534; 36 Id. 242; 77 Id. 139. 1. Under the ruling in 83 Ark. 26, and § 2230, Kirby’s. Digest, the indictment charges two offenses. 2. The State…
1Opinion of the CourtFrauenthal, J.
The grand jury of Clark County returned an indictment against the defendant, Booker Blacknall, charging' him with the offense of carrying a pistol as a weapon. The indictment contains two counts; and, omitting the formal parts, it reads as follows: That “Booker Blacknall on the 15th day of. January, 1908, in the county aforesaid did unlawfully wear and' carry as a weapon, a certain pistol, said pistol then and there not being such a .pistol as is used in the army or navy of the United States.
“Second: And the grand jurors as aforesaid further present that Booker Blacknall in the county and…
2Cases cited5 opinions
- Howard v. StateSupreme Court of Arkansas · 1879
- McDonald v. StateSupreme Court of Arkansas · 1907
- State v. BaileySupreme Court of Arkansas · 1896
- State v. RapleySupreme Court of Arkansas · 1894
- Henry v. StateSupreme Court of Arkansas · 1903
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- United States v. Eugene Wesley HowardCourt of Appeals for the Eighth Circuit · 1974
- Grayson v. StateSupreme Court of Arkansas · 1909
- Henderson v. StateSupreme Court of Arkansas · 1909