Page:State v. Buzzard.pdf/1

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T was an indictment under the statute against carrying concealed weapons, tried in the Chicot Circuit Court, in November, A. D. 1839, before the Hon. E L. J, one of the Circuit Judges. The indictment was quashed on the motion of Buzzard, on the ground that the law was unconstitutional; and the State appealed.

''Clendenin, Atto. Gen.'', for the State.

Pike, contra.

After advisement, the following opinions were delivered:  By R, C.J.

This is a prosecution based upon the 13th section of the first Article, Division VIII., Ch. 44, Rev. St. Ark., p. 280, which declares, that "every person who shall wear any pistol, dirk, butcher or large knife, or a sword in a cane, concealed as a weapon, unless upon a journey, shall be adjudged guilty of a misdemeanor." The indictment was quashed, and the defendant ordered to be discharged by the Circuit Court; and the State has, by appeal, brought the case before this Court, to revise said decision.

No question as to the sufficiency of the indictment, in point of form, has been raised or argued at the bar, and in this respect it is believed to be substantially good. But the appellee insists that the provisions of the statute above quoted, upon which the prosecution is founded,

