Wylie v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The pistol must be carried as a weapon. This is a question of intent, a question of fact for a jury. 68 Ark. 447. 2. It was error to direct a verdict, as the guilt or innocence of defendant was purely a question of .fact. Besides, on neither occasion was it carried as a weapon. On the first he merely carried it home and on the second it was in Lee County. 1. The undisputed evidence shows that he was guilty.
Read the full summary
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. The pistol must be carried as a weapon. This is a question of intent, a question of fact for a jury. 68 Ark. 447. 2. It was error to direct a verdict, as the guilt or innocence of defendant was purely a question of .fact. Besides, on neither occasion was it carried as a weapon. On the first he merely carried it home and on the second it was in Lee County. 1. The undisputed evidence shows that he was guilty. Any errors in the instructions were harmless. 99 Ark. 576; 91 Id. 97; 104 Id. 140. In the absence of evidence to the…
1Opinion of the Court
SMITH, J.(1) At the trial of this cause in the court below, the jury was directed to find the appellant guilty of the charge of -carrying a concealed weapon, and fix his punishment at a fine of not less than .fifty dollars nor more than two hundred dollars, and this appeal has been prosecuted to reverse a judgment imposing a fine of $100 upon a verdict so returned. The proof on the part of the State was to the effect that appellant had carried a pistol on two different occasions, but the court did not specify the occasion for which the fine should be imposed, and it will, therefore, be…
2Cases cited4 opinions
- Carr v. StateSupreme Court of Arkansas · 1879
- Roberts v. StateSupreme Court of Arkansas · 1907
- Parker v. StateSupreme Court of Arkansas · 1917
- Hathcock v. StateSupreme Court of Arkansas · 1911
3Cited by5 opinions
- Clark v. StateSupreme Court of Arkansas · 1972
- McKeown v. StateSupreme Court of Arkansas · 1939
- Snead v. StateSupreme Court of Arkansas · 1918
- Davis v. StateCourt of Appeals of Arkansas · 1991
- Burton v. StateSupreme Court of Arkansas · 1918