Moss v. State
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. This appeal is from a conviction for carrying a pistol as a weapon. The evidence below showed that Enoch Moss, the husband of appellant, owned forty acres of land in the county of Hot Springs, Arkansas,'upon which he and his wife, Lydia Moss, appellant herein, resided as their home.
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Appeal from Hot Spring Circuit Court Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. This appeal is from a conviction for carrying a pistol as a weapon. The evidence below showed that Enoch Moss, the husband of appellant, owned forty acres of land in the county of Hot Springs, Arkansas,'upon which he and his wife, Lydia Moss, appellant herein, resided as their home. Enoch Moss had two dwelling houses on this land, one in which he lived himself; the other, about 150 yards off, he had rented to a man by the name of Rogers. The public road ran across his homestead in front of these houses.…
1Opinion of the Court
Wood, J.,
(after stating the facts). One who carries a pistol as a weapon upon a public highway is subject to the penalty denounced by section 1498, Sand. & H. Dig., although he is the owner of the freehold over which the highway runs. The easement which the public has in the highway is superior to any right which the owner of the fee has. He can do nothing, by virtue of his ownership in the fee. in the soil, antagonistic to the right of the public to use the highway as such. The public is in possession of the highway, and has the right to pass to and fro upon it ad libitum. This right is to…
2Cases cited2 opinions
- Jones v. StateSupreme Court of Arkansas · 1891
- Lemmons v. StateSupreme Court of Arkansas · 1892
3Cited by7 opinions
- People v. LaubscherIllinois Supreme Court · 1998
- Hart v. MoultonWisconsin Supreme Court · 1899
- People v. MarrowMichigan Court of Appeals · 1995
- Marshall v. WalkerDistrict Court, N.D. Illinois · 1997
- People v. WestAppellate Court of Illinois · 1981
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