Lemmons v. State
Supreme Court of Arkansas
Appeal from Randolph. Circuit Court. Lemmons has appealed from a conviction of carrying a pistol as a weapon. The facts are sufficiently stated in the opinion. 1. An unmarried son living with his father and making his home there as one of the family may carry a pistol as a weapon upon the premises.
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Appeal from Randolph. Circuit Court. Lemmons has appealed from a conviction of carrying a pistol as a weapon. The facts are sufficiently stated in the opinion. 1. An unmarried son living with his father and making his home there as one of the family may carry a pistol as a weapon upon the premises. He had an interest in the premises, and a right to be there, to the exclusion of the public. 45 Ark. 536. 2. One who carries a pistol for the purpose of returning it to the owner and not for use as a weapon is not guilty, under the statute. 34 Ark. 448. 1. Defendant had no interest or estate in the…
1Opinion of the CourtMansEieed, J.
The defenses relied on at the trial were, first, that the pistol was not carried as a weapon, and, secondly, that the place where it was carried was upon the appellant’s own premises. The grounds urged as sufficient to obtain a reversal are that the court erred in refusing instructions appropriate to each of these defenses, and also in the charge given to the jury as to, the second.
Upon the first point testimony was introduced to show that the pistol was taken to the place where the State’s witness saw it in the hands of the defendant, for the purpose of returning it to a person from whom it…
2Cases cited3 opinions
- Kinkead v. StateSupreme Court of Arkansas · 1885
- Jones v. StateSupreme Court of Arkansas · 1891
- Clark v. StateSupreme Court of Arkansas · 1887
3Cited by4 opinions
- Moss v. StateSupreme Court of Arkansas · 1898
- Taylor v. StateSupreme Court of Arkansas · 1925
- Henderson v. StateSupreme Court of Arkansas · 1909
- Lucas v. StateSupreme Court of Arkansas · 1995