McCall v. Helena
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; Nowhere in the evidence is it shown that there was any ordinance making it unlawful to carry a pistol as a weapon. Courts do not take judicial cognizance of city ordinances. 68 Ark. 483; 80 Id. 264. Police courts have concurrent jurisdiction with justices of the peace over misdemeanors committed in the city limits.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; Nowhere in the evidence is it shown that there was any ordinance making it unlawful to carry a pistol as a weapon. Courts do not take judicial cognizance of city ordinances. 68 Ark. 483; 80 Id. 264. Police courts have concurrent jurisdiction with justices of the peace over misdemeanors committed in the city limits. Const, art. 7, § 43; Kirby’s Digest, §< § 5634-5; 68 Ark. 244. The police had jurisdiction to try him under the State law (68 Ark. 244), and is presumed to have followed the law until the contrary is shown. 72 Ark. 590.
1Opinion of the CourtBattle, J.
Dug. McCall was arrested for unlawfully carrying a pistol in the city of Helena,. and was tried and convicted of that crime in the police court of that city. He appealed to the Phillips Circuit Court, and was again convicted, tie then appealed to this court.
The only reason he gives why the judgment of the circuit court should be reversed is, there was no evidence adduced in his trial to prove that there was an ordinance of the city of Helena making it unlawful to carry a pistol. None was necessary. There is a statute of the State making it a misdemeanor to carry pistols; and section 5634 of…
2Cited by5 opinions
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