Hathcock v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; I. The first instruction given by the court wias erroneous in this, that it authorized a conviction if the jury found that appellant had carried a pistol as a weapon at any time within twelve months next preceding the date of the trial in the circuit court, whereas they could properly convict only upon finding that he had carried such weapon within twelve months next preceding the filing of the information. 2. Under the…
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Appeal from Boone Circuit Court; George W. Reed, Judge; I. The first instruction given by the court wias erroneous in this, that it authorized a conviction if the jury found that appellant had carried a pistol as a weapon at any time within twelve months next preceding the date of the trial in the circuit court, whereas they could properly convict only upon finding that he had carried such weapon within twelve months next preceding the filing of the information. 2. Under the facts proved in this case, the second instruction given by the court is erroneous, taking away from appellant all…
1Opinion of the CourtHart, J.
Upon information filed by the deputy prosecuting attorney, appellant was arrested and tried before a justice of the peace of Boone County for the offense of carrying a pistol as a weapon. From a judgment of conviction he appealed to the circuit court. There he was again convicted, and has appealed to this court.
The testimony for the State shows that appellant some time in the summer or fall of 1910 ran down out of his office in the town of Harrison in Boone County into the street, and threatened some boys with whom he was angry. One ¡witness said he saw the pistol sticking out of his pocket…
2Cases cited1 opinion
- State v. WardlawSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Mularkey v. StateWisconsin Supreme Court · 1930
- Wylie v. StateSupreme Court of Arkansas · 1917
- Thompson v. City of Little RockSupreme Court of Arkansas · 1937
- Duckins v. StateCourt of Appeals of Arkansas · 1980