{
  "id": 1521468,
  "name": "McCall v. Helena",
  "name_abbreviation": "McCall v. Helena",
  "decision_date": "1908-06-01",
  "docket_number": "",
  "first_page": "442",
  "last_page": "443",
  "citations": [
    {
      "type": "official",
      "cite": "86 Ark. 442"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "72 Ark. 590",
      "category": "reporters:state",
      "reporter": "Ark.",
      "opinion_index": -1
    },
    {
      "cite": "68 Ark. 244",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      ],
      "weight": 2,
      "opinion_index": -1,
      "case_paths": [
        "/ark/68/0244-01"
      ]
    },
    {
      "cite": "68 Ark. 483",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1333946
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ark/68/0483-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T15:16:59.018039+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "McCall v. Helena."
    ],
    "opinions": [
      {
        "text": "Battle, J.\nDug. McCall was arrested for unlawfully carrying a pistol in the city of Helena,. and was tried and convicted of that crime in the police court of that city. He appealed to the Phillips Circuit Court, and was again convicted, tie then appealed to this court.\nThe only reason he gives why the judgment of the circuit court should be reversed is, there was no evidence adduced in his trial to prove that there was an ordinance of the city of Helena making it unlawful to carry a pistol. None was necessary. There is a statute of the State making it a misdemeanor to carry pistols; and section 5634 of Kirby\u2019s Digest provides: The police court of any city of the first class \u201cshall have concurrent jurisdiction with justices of the peace over all misdemeanors committed in violation of the laws of the State within the corporate limits of such city, * * * and all fines imposed in the police court shall be paid into the city treasury.\u201d\nJudgment affirmed.",
        "type": "majority",
        "author": "Battle, J."
      }
    ],
    "attorneys": [
      "W. G. Dinning, for appellant.",
      "Bdzvin Bevens, city attorney, for appellee."
    ],
    "corrections": "",
    "head_matter": "McCall v. Helena.\nOpinion delivered June 1, 1908.\nMunicipal courts \u2014 jurisdiction over misdemeanors. \u2014 Under Kirby\u2019s Digest, \u00a7 5634, providing that the police court \u201cshall have concurrent jurisdiction with justices- of the peace over all misdemeanors committed in violation of the laws of the State within the corporate limits of such city,\u201d a police court has jurisdiction of a prosecution for carrying a pistol unlawfully in the city, although there was no city ordinance making it unlawful to carry a pistol.\nAppeal from Phillips Circuit Court; Hance N. Hutton, Judge;\naffirmed.\nW. G. Dinning, for appellant.\nNowhere in the evidence is it shown that there was any ordinance making it unlawful to carry a pistol as a weapon. Courts do not take judicial cognizance of city ordinances. 68 Ark. 483; 80 Id. 264.\nBdzvin Bevens, city attorney, for appellee.\nPolice courts have concurrent jurisdiction with justices of the peace over misdemeanors committed in the city limits. Const, art. 7, \u00a7 43; Kirby\u2019s Digest, \u00a7< \u00a7 5634-5; 68 Ark. 244. The police had jurisdiction to try him under the State law (68 Ark. 244), and is presumed to have followed the law until the contrary is shown. 72 Ark. 590."
  },
  "file_name": "0442-01",
  "first_page_order": 464,
  "last_page_order": 465
}