Andrews v. State
Tennessee Supreme Court
FROM GIBSON, CARROLL AND HENRY. The case of The State v. Andrews, was tried in the Circuit Court of Gibson county, at February Term, 1871, before Gid. B. Black, J., and upon a conviction, defendant appealed.
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FROM GIBSON, CARROLL AND HENRY. The case of The State v. Andrews, was tried in the Circuit Court of Gibson county, at February Term, 1871, before Gid. B. Black, J., and upon a conviction, defendant appealed. O’Toole was indicted in the Circuit Court of Carroll, where, at May Term, 1871, he moved to quash before James D. Porter, J., on the ground that the Act of 1870, c. 13, was unconstitutional, and because the indictment did not charge that the pistol was a belt pistol, or pocket pistol. The indictment being quashed on both grounds, the District Attorney, J. D. Dunlap, appealed to this…
1Concurrence
Nelson, J.,
delivered the following opinion:
Concurring, as I do, in much of the reasoning of the majority of the Court, and believing that the object of the Legislature, in passing the act of 1870, was to promote the public peace, I am, nevertheless, constrained by a sense of duty to observe, that, in my opinion, that statute is in violation of one -of the most sacred rights known to the Constitution. Ever since the opinions were promulgated, it has been my deliberate conviction that the exposition of the Constitution by Judge Bobert Whyte, in Simpson v. The State, 6 Yerg., 360, was much more…
Also in this document: Opinion of the Court.
2Cases cited3 opinions
- Bliss v. CommonwealthCourt of Appeals of Kentucky · 1822
- Cockrum v. StateTexas Supreme Court · 1859
- Bristoe v. Evans and M'campbellTennessee Supreme Court · 1815