Legal Opinion

State v. Duke

Texas Supreme Court

Decided July 1, 1874PublishedCited by 71 opinions

Appeal from Caldwell. Tried below before the Hon. Henry Maney.

1Opinion of the CourtGould, J.

This is an appeal by the State from the judgment of the District Court sustaining a motion to set aside, as insufficient, an indictment, charging that George Duke did, on the 23d day of December, 1871, in said Caldwell county, “ un- “ lawfully carry on his person one pistol, known as a six- “ shooter.” The first and second Sections of the “ Act to reg- “ ulate the keeping and bearing of deadly weapons,” passed April 11, 1871, are as follows:

“ Any person carrying on or about his person, saddle, or in “ his saddle-bags, any pistol, dirk, dagger, slung-shot, sword- “ cane, spear, brass knuckles,…

2Cases cited12 opinions

  1. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  2. Noles v. StateSupreme Court of Alabama · 1854
  3. State v. ReidSupreme Court of Alabama · 1840
  4. Lessee of Livingston v. MooreSupreme Court of the United States · 1833
  5. English v. StateTexas Supreme Court · 1872

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3Cited by71 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. New York State Rifle & Pistol Assn., Inc. v. BruenSupreme Court of the United States · 2022
  3. United States v. MillerSupreme Court of the United States · 1939
  4. Parker v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2007
  5. United States v. EmersonCourt of Appeals for the Fifth Circuit · 2001

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