English v. State
Texas Supreme Court
These causes were appeals from the District Courts of Marion, Kaufman and Van Zandt counties. Some reference to the facts of the cases may add practical significance to the rulings. In English’ s case the offensive weapon was a pistol, and it was proved that he was in a state of intoxication while wearing it about in the city of Jefferson.
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These causes were appeals from the District Courts of Marion, Kaufman and Van Zandt counties. Some reference to the facts of the cases may add practical significance to the rulings. In English’ s case the offensive weapon was a pistol, and it was proved that he was in a state of intoxication while wearing it about in the city of Jefferson. He proved, in defense, that the pistol was not loaded at the times it was seen by the witnesses against him ; and further, that it was out of repair, and he had taken it along with him to have it mended, as he expected soon to go to a neighboring county…
1Opinion of the CourtWalker, J.
In each of the above entitled cases the constitutionality of the act of April 12,1871, regulating, and in certain cases prohibiting, the carrying of deadly weapons, is called in question, and this opinion will dispose of each of the cases. It is insisted that the act referred to is repugnant to the second article of the amendments to the Constitution of the United States.
The article reads as follows: “A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” Arms of what kind ? Certainly such as are useful…
2Cases cited4 opinions
- State v. ReidSupreme Court of Alabama · 1840
- Cockrum v. StateTexas Supreme Court · 1859
- State v. MitchellIndiana Supreme Court · 1833
- Owen v. StateSupreme Court of Alabama · 1858
3Cited by75 opinions
- District of Columbia v. HellerSupreme Court of the United States · 2008
- New York State Rifle & Pistol Assn., Inc. v. BruenSupreme Court of the United States · 2022
- Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
- Koy v. SchneiderTexas Supreme Court · 1920
- Edward Peruta v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2016
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