Clark v. State
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. The stairway was a part of appellant’s “ premises.” Wood on Land and T., gzó-j, and sec. pi; 12 Tex. Ct. App., 6og; 7 C. & P., 26; ‡3 Ark., 336; Mansf. Dig., sec. 3002; 33 Mo., 6j; 60 Ala., 18. Section 1907 Mansfield’s Digest only gives the right to carry a weapon on “his own premises.”
Read the full summary
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. The stairway was a part of appellant’s “ premises.” Wood on Land and T., gzó-j, and sec. pi; 12 Tex. Ct. App., 6og; 7 C. & P., 26; ‡3 Ark., 336; Mansf. Dig., sec. 3002; 33 Mo., 6j; 60 Ala., 18. Section 1907 Mansfield’s Digest only gives the right to carry a weapon on “his own premises.” This means such as have an estate or interest in the realty. ‡3 Ark., 338. Clark only had an easement, or right of way, over the stairway. Wash. R. P., vol. 2, pp. 2gg, 301. It was in no sense “his own premises.”
1Opinion of the CourtSmith, J.
The defendant was indicted for carrying a pistol as a weapon. On the trial, which took place before the court without a jury, it appeared that the defendant occupied two rented rooms in the second story of a certain building as his law office; that three other persons had their offices or rooms on the same floor of the building; that there was a stairway leading from the sidewalk or street to the several rooms, and furnishing the only means of ingress or egress to their occupants and others desiring to go into or from said rooms; and that, at the head of this stairway, the defendant was on…
2Cases cited3 opinions
- Brown v. StateSupreme Court of Alabama · 1858
- Downman v. StateSupreme Court of Alabama · 1848
- Christian v. StateSupreme Court of Alabama · 1867
3Cited by6 opinions
- White v. United StatesDistrict of Columbia Court of Appeals · 1971
- Commonwealth v. OrtizSupreme Court of Pennsylvania · 1999
- Facion v. StateDistrict Court of Appeal of Florida · 1974
- Lemmons v. StateSupreme Court of Arkansas · 1892
- State v. BannonCourt of Appeals of Kansas · 2018
1 more not listed; retrieve them via the Exa API.