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[Cite as Holland v. State, 33 Ark. 560
Holland v. The State.
Criminal Law: Carrying
The carrying of army sized pistols, such as are commonly used in
the military and naval service of the United States, is not prohibited by the
laws of Arkansas.
APPEAL from Yell Circuit Court.
Hon. W. W. Mansfield, Circuit Judge.
English, C. J.:
James Holland was indicted in the Circuit Court of Yell county, for
carrying a pistol as a weapon.(p.561)
On the trial but one witness was examined. He stated, in substance,
that the first time he ever saw defendant, was on the 1st of October, 1875, in
Yell county. He had two large sized six shooting pistols, one of them a
Remington, navy size and loaded, and the other a Colt's army pistol. The pistols
were such as are commonly used in the United States military and naval service.
Defendant was carrying them in his saddle-bags, and stated he was from Texas.
Witness did not know whether he was on a journey or not.
Upon this evidence, the defendant asked the court to charge the jury
that if they found from the evidence that the pistols, proven to have been
carried, were army sized pistols, and were such as are commonly used in the
United States military and naval service, they must acquit defendant.
The court refused this instruction, defendant was convicted, a new
trial refused him, he took a bill of exceptions and appealed.
The court erred in refusing to instruct the jury as moved by
appellant. Fife v. State, 31 Ark., 455: Wilson v. State, M.
Reversed, and remanded for new trial.