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.
1Opinion of the CourtWood, J.
The appellant was indicted for carrying a pistol as follows: “The said defendant on the 16th day of July, 1906, in Calhoun County, State of Arkansas, did unlawfully carry a pistol as a weapon, said pistol being the kind that is carried in neither the army or navy of the United States, contrary to the form of the statutes and against the peace and dignity of the State.”
The State proved that appellant had a pistol, in Calhoun County, in June, 1906, within a year before the indictment. There was a fuss between certain parties; and a witness saw a pistol drop out of appellant’s bosom, and saw him…
2Cases cited1 opinion
- McDonald v. StateSupreme Court of Arkansas · 1907
3Cited by1 opinion
- Henderson v. StateSupreme Court of Arkansas · 1909