State v. Caldwell
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Appellee was indicted for carrying a pistol as a weapon. The first count charged that on the 1st of October, 1899, he did unlawfully carry a pistol as a weapon; the pistol not being such as is used in the army and navy of the United States.
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Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Appellee was indicted for carrying a pistol as a weapon. The first count charged that on the 1st of October, 1899, he did unlawfully carry a pistol as a weapon; the pistol not being such as is used in the army and navy of the United States. The second count charged that on the 1st of October, 1899, he did unlawfully carry a pistol as a weapon, said pistol being such as is used in the army and navy of the United States, but was not carried in his hand or uncovered. Appellee pleaded former acquittal,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The state, having joined issue on tlie plea and gone to trial on the merits, abandoned its ground of demurrer. Tabor v. Merchants National Bank, 48 Ark. 454; 3 S. W. 805; Langley v. Langley, 45 Ark. 392; Jones v. Terry, 43 Ark. 230.
The court erred in directing a verdict for appellee. There was evidence tending to show that the prosecution before the justice was instituted for the purpose of eluding prosecution for the same offense in the circuit court. It was, at least, for the jury to say under the circumstances whether or not such was the object of the…
2Cases cited6 opinions
- Watkins v. StateIndiana Supreme Court · 1879
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- McFarland v. StateWisconsin Supreme Court · 1887
- Jones v. TerrySupreme Court of Arkansas · 1884
- Langley v. LangleySupreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Richardson v. StateCourt of Criminal Appeals of Texas · 1928
- Stanley v. Calico Rock Ice & Electric Co.Supreme Court of Arkansas · 1947
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