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…
1Opinion of the Court
Kreemaíj, J.,
delivered the opinion of the Court.
The questions presented for our decision in these cases, involve an adjudication of the constitutionality of *171tbe act of the Legislature of Tennessee, passed June 11, . 1870, entitled “An act to preserve the peace and prevent homicide.”
The first section provides, “that it shall not be lawful for any person to publicly or privately carry a dirk, sword-cane, Spanish stiletto, belt or pocket pistol or revolver. Any person guilty of a violation of this section shall be subject to presentment or indictment, and on conviction, shall pay a fine of not…
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