Davis v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. A citizen has the right to keep and bear arms in his own defense. Statutes regulating the carrying of such arms tend to abridge a great constitutional right and should be' very strictly construed. The object of the statute, is to prevent the having of them in such manner as not likely to be seen, etc., and not to prevent the bearing war arms when one deems it really necessary for defense, etc.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. A citizen has the right to keep and bear arms in his own defense. Statutes regulating the carrying of such arms tend to abridge a great constitutional right and should be' very strictly construed. The object of the statute, is to prevent the having of them in such manner as not likely to be seen, etc., and not to prevent the bearing war arms when one deems it really necessary for defense, etc. The charge herein is, did wear and carry, etc., not being on a journey, etc. These terms have direct reference to the bearing a…
1Opinion of the CourtCockrill, C. J.
1. Carryin g is^journey?^*"
' The appellant was traveling in a wagon from his home to the town of Fayetteville. The distance is not disclosed by the bill of exceptions, but it appear^ that when within twelve miles of the town he borrowed a navy pistol, which he bore openly in his hand to the wagon, and proceeded upon his journey, carrying the pistol at his side on the seat or under his feet in the wagon to town and back to his residence in one continuous trip. He was indicted for carrying a pistol as a weapon, “not being then and there,” as the• indictment charges, “ upon a journey.”
The…
2Cases cited4 opinions
- Eslava v. StateSupreme Court of Alabama · 1873
- Maxwell v. StateTexas Supreme Court · 1873
- Burst v. StateIndiana Supreme Court · 1883
- Wilson v. StateSupreme Court of Alabama · 1880
3Cited by4 opinions
- State v. SmithIndiana Supreme Court · 1901
- In re BurnsU.S. Circuit Court for the District of Western Arkansas · 1902
- Easlick v. United StatesCourt Of Appeals Of Indian Territory · 1907
- Ward v. EmbertonDistrict Court, E.D. Arkansas · 2023