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State v. Duke

Texas Supreme Court

42 Tex. 455 (1875)

Facts

A Texas law forbade the open or concealed carry of handguns except for law enforcement, travel purposes, and instances in which the gun owner could prove a need for self-defense. George Duke (defendant) was indicted for violating the statute by carrying a pistol known as a six-shooter. Duke challenged the sufficiency of the indictment and the constitutionality of the statute. The district court set aside the indictment as insufficient. The state (plaintiff) appealed to the Texas Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Gould, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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