Vaughan v. State
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; George W. Hays, Judge; It was alleged that the pistol was not such as is used in either the army or navy; it was necessary both to allege and prove it. The burden is on the State. 102 S. W. 703. Confesses error. 19 Ark. 143; 83 Ark. 26.
1DissentHide, C. J.
This case is the first fruit of McDonald v. State, 83 Ark. 26, which has fallen here, .and is a good illustration of the result of placing upon the State the burden to prove a negative when the fact to be proved is peculiarly within the knowledge of the defendant. Here a defendant, unquestionably guilty, unquestionably in possession of a pistol as a weapon, is acquitted because no one proved that the weapon that he had was not such, an one as is used in the army or navy of the United States. It would be safe to say that not one person in a thousand knows what kind of a weapon is used in the…
2Cases cited1 opinion
- McDonald v. StateSupreme Court of Arkansas · 1907