McDonald v. State
Supreme Court of Arkansas
Appeal from Uittle River Circuit Court; James S. Steel, Judge; The indictment alleged that the pistol was not such a pistol as is commonly used in the army or navy of the United States, and this, being in the enacting clause of the statute, was a necessary allegation. 77 Ark. 139; 18 ■ Ark. 109; 24 Ark. 483; 33 Ark. 557. The burden was, therefore, on the State to prove this allegation.
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Appeal from Uittle River Circuit Court; James S. Steel, Judge; The indictment alleged that the pistol was not such a pistol as is commonly used in the army or navy of the United States, and this, being in the enacting clause of the statute, was a necessary allegation. 77 Ark. 139; 18 ■ Ark. 109; 24 Ark. 483; 33 Ark. 557. The burden was, therefore, on the State to prove this allegation. It being a crime to carry only a certain kind of pistol, the presumption of innocence protects the accused until he is proved to have carried the pantioular kind for which he is indicted. 35 Ark. 327. See also…
1Opinion of the CourtBatteE, J.
The following indictment was presented by the grand jury of Little River 'County, at the January, 1905, term of the Little River Circuit Court:
“The grand jury of Little River County; in the name and by the authority of the State of Arkansas, accuses J. A. McDonald of the crime 6f carrying concealed weapons, committed as follows, to-wit: 'The said J. A. McDonald in the county and 'State aforesaid, on the 15th day of April, A. D. 1904, did unlawfully carry a pistol as a weapon, said pistol not being such a pistol as is commonly used in the army or navy of the United States, against the peace…
2Cases cited6 opinions
- Wilson v. StateSupreme Court of Arkansas · 1878
- Haile v. StateSupreme Court of Arkansas · 1882
- Hopper v. StateSupreme Court of Arkansas · 1857
- Matthews v. StateSupreme Court of Arkansas · 1866
- Bone v. StateSupreme Court of Arkansas · 1856
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3Cited by5 opinions
- MacKall v. StateCourt of Appeals of Maryland · 1978
- Henderson v. StateSupreme Court of Arkansas · 1909
- Blacknall v. StateSupreme Court of Arkansas · 1909
- Vaughan v. StateSupreme Court of Arkansas · 1907
- Vaughan v. StateSupreme Court of Arkansas · 1907