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[Cite as Barton v. State, 66 Tenn. (7 Baxt.)
Barton v. The State.
Criminal Law. Carrying
pistol, etc. Carrying a navy in a scabbard on saddle while riding along
public road is indictable. It is not necessary to describe the pistol, it being
unlawful to carry any kind of a pistol except a navy six or army pistol, and
they must be carried openly in the hand.
Appeal from the Circuit Court. Jas. D. Porter, Judge.
James G. Smith for
for the State.
Nicholson, C.J., delivered
the opinion of the court.
Barton was indicted in the County Court of Obion
county for carrying a pistol not openly in his hands, and upon conviction was
fined ten dollars. A motion was made to quash the indictment, but was
The proof shows that defendant was riding along the public road from
Troy with a navy six in a scabbard hung to the horn of his saddle.
The motion to quash indictment was properly overruled.
The charge was that defendant "unlawfully did carry a certain pistol,
it not being openly in his hands, and that he was not an officer," etc. It is
(p.106)indictable to carry any kind of pistol
except an army pistol or navy six, and that can be carried lawfully only openly
in the hands. The charge is sufficiently descriptive of the offense.
There is no error in the charge of the court or in the finding of the