Dabbs v. State
Supreme Court of Arkansas
Error to Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. The third section of the act of April 1, 1881, Acts of 1881, pp- 191-2, is void because: 1. It is in conflict with see. 21, art 2, Constitution of Arkansas. 2. It is repugnant to sec. 22 ib. 3. It is in violation with sec. 1, art. Up, Constitution of the United States. 4. It is in conflict with sec. 8, art. 1, ib., “ To regulate commerce, etc.”
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Error to Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. The third section of the act of April 1, 1881, Acts of 1881, pp- 191-2, is void because: 1. It is in conflict with see. 21, art 2, Constitution of Arkansas. 2. It is repugnant to sec. 22 ib. 3. It is in violation with sec. 1, art. Up, Constitution of the United States. 4. It is in conflict with sec. 8, art. 1, ib., “ To regulate commerce, etc.” The act is entirely in excess of the reasonable police powers of the State, is inconsistent with the genius and spirit of our institutions, and a dangerous aggression upon the liberties…
1Opinion of the CourtSmith, J.
Babbs was indicted for selling a pocket pistol, pleaded guilty, was fined and moved in arrest of judgment. His appeal questions the constitutionality of the third section of the act of April 1, 1881. The purpose of that act, as expressed in its title, was “ to preserve the public peace and prevent crime.” The third section makes it a misdemeanor for any person to sell a dirk or bowie-knife, ft sword or spear in a cane, brass or metal knucks, or any pistol except such as are used in the army and navy of the United States, and known as the navy pistol.
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2Cases cited7 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
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3Cited by27 opinions
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- BURTON v. SillsSupreme Court of New Jersey · 1968
- Bush v. MartineauSupreme Court of Arkansas · 1927
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- Gipson v. IngramSupreme Court of Arkansas · 1949
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