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Subject: Sentence Enhancement for Use of Weapon

Clement Comer Clay, Digest of the Laws of Alabama: Containing all the Statutes of a Public and General Nature, in Force at the Close of the Session of The General Assembly, in February, 1843. To Which are Prefixed, the Declaration of Independence; the Constitution of the United States; the Act to Enable the People of Alabama to Form a Constitution and State Government, &c.; and the Constitution of the State of Alabama Page 416, Image 460 (1843) available at The Making of Modern Law: Primary Sources.

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Penal Code - Offences Against the Person, §31. If any person shall assault and beat another with a cowhide, stick or whip, and shall, at the same time, have in his possession a pistol or other deadly weapon, with the intent to intimidate and preve...

Penal Code – Offences Against the Person, §31. If any person shall assault and beat another with a cowhide, stick or whip, and shall, at the same time, have in his possession a pistol or other deadly weapon, with the intent to intimidate and prevent the person so beaten from defending himself, such person shall, on conviction, be sentenced to imprisonment in the penitentiary, for a term not less than two nor more than twenty years.

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Clement Comer Clay, Digest of the Laws of Alabama: Containing all the Statutes of a Public and General Nature, in Force at the Close of the Session of The General Assembly, in February, 1843. To Which are Prefixed, the Declaration of Independence; the Constitution of the United States; the Act to Enable the People of Alabama to Form a Constitution and State Government, &c.; and the Constitution of the State of Alabama Page 413, Image 457 (1843) available at The Making of Modern Law: Primary Sources.

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Penal Code - Offenses Against the Person, § 8. If any person shall be guilty of fighting in the streets of any city or town, or at a militia muster, or other place public in itself, or made public by any assemblage of people, for any purpose whate...

Penal Code – Offenses Against the Person, § 8. If any person shall be guilty of fighting in the streets of any city or town, or at a militia muster, or other place public in itself, or made public by any assemblage of people, for any purpose whatever, and shall employ or use during such fight any fire arms, or air gun, by discharging (or attempting to discharge) the same, unless in self defense, such person shall, on conviction thereof, be fined in a sum not less than one hundred nor more than five hundred dollars, or be imprisoned in the county jail for a term not exceeding six months, or both, at the discretion of the jury trying the offence.

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1837-1838 Tenn. Pub. Acts 201, An Act to Suppress the Sale and Use of Bowie Knives and Arkansas Tooth Picks in the State, ch. 137, § 4.

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That if any person carrying any knife or weapon known as a Bowie knife, Arkansas tooth pick, or any knife or weapon that shall in form, shape or size resemble a Bowie knife, on a sudden rencounter [sic], shall cut or stab another person with such knife...

That if any person carrying any knife or weapon known as a Bowie knife, Arkansas tooth pick, or any knife or weapon that shall in form, shape or size resemble a Bowie knife, on a sudden rencounter [sic], shall cut or stab another person with such knife or weapon, whether death ensues or not, such person so stabbing or cutting shall be guilty of a felony, and upon conviction thereof shall be confined in the jail and penitentiary house of this state, for a period of time not less than three years, nor more than fifteen years.

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1837 Miss. Law 289-90, An Act To Prevent The Evil Practice Of Dueling In This State And For Other Purposes, § 5.

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That if any person or persons shall be guilty of fighting in any corporate city or town, or any other town or public place, in this state, and shall in such fight use any rifle, shot gun, sword, sword cane, pistol, dirk, bowie knife, dirk knife, or any...

That if any person or persons shall be guilty of fighting in any corporate city or town, or any other town or public place, in this state, and shall in such fight use any rifle, shot gun, sword, sword cane, pistol, dirk, bowie knife, dirk knife, or any other deadly weapon; or if any person shall be second or aid in such fight, the persons so offending shall be fined not less than three hundred dollars, and shall be imprisoned not less than three months; and if any person shall be killed in such fight, the person so killing the other may also be prosecuted and convicted as in other cases of murder.

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1837 Ala. Acts 7, An Act to Suppress the Use of Bowie Knifes, § 1.

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Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if any person carrying any knife or weapon, known as Bowie Knives or Arkansaw [sic] Tooth-picks, or either or any knife or weapon that s...

Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if any person carrying any knife or weapon, known as Bowie Knives or Arkansaw [sic] Tooth-picks, or either or any knife or weapon that shall in form, shape or size, resemble a Bowie-Knife or Arkansaw [sic] Tooth-pick, on a sudden rencounter, shall cut or stab another with such knife, by reason of which he dies, it shall be adjudged murder, and the offender shall suffer the same as if the killing had been by malice aforethought.

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The Laws Of Maryland, With The Charter, The Bill Of Rights, The Constitution Of The State, And Its Alterations, The Declaration Of Independence, And The Constitution Of The United States, And Its Amendments Page 465, Image 466 (1811) available at The Making of Modern Law: Primary Sources.

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If any person shall be apprehended, having upon him or her any picklock, key, crow, jack, bit or other implement, with an intent feloniously to break and enter into any dwelling-house, ware-house, stable or out-house, or shall have upon him or her any ...

If any person shall be apprehended, having upon him or her any picklock, key, crow, jack, bit or other implement, with an intent feloniously to break and enter into any dwelling-house, ware-house, stable or out-house, or shall have upon him or her any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with intent feloniously to assault any person, or shall be found in or upon any dwelling-house, warehouse, stable or out-house, or in any enclosed yard or garden, or area belonging to any house, with an intent to steal any goods or chattels, every such person shall be deemed a rouge and vagabond, and, on being duly convicted thereof, shall be sentenced to undergo a confinement in the said penitentiary for a period of time not less than three months nor more than two years, to be treated as law prescribes.

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Charles Nettleton, Laws of the State of New-Jersey Page 474, Image 501 (1821) available at The Making of Modern Law: Primary Sources.

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[An Act to Describe, Apprehend and Punish Disorderly Persons (1799)], § 2. And whereas diverse ill disposed persons are frequently apprehended, having upon them implements for house-breaking, or offensive weapons, or are found in or upon houses, w...

[An Act to Describe, Apprehend and Punish Disorderly Persons (1799)], § 2. And whereas diverse ill disposed persons are frequently apprehended, having upon them implements for house-breaking, or offensive weapons, or are found in or upon houses, warehouses, stables, barns or out-houses, areas of houses, coach-houses, smoke-houses, enclosed yards, or gardens belonging to houses, with intent to commit theft, misdemeanors or other offences; and although their evil purposes are thereby manifested, the power of the justices of the peace to demand of them sureties for their good behavior hath not been of sufficient effect to prevent them from carrying their evil purpose into execution; Be it further enacted, That if any person shall be apprehended, having upon him or her any picklock, key, crow, jack, bit or other implement, with an intent to break and enter into any dwelling-house or out-house; or shall have upon him or her any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with intent to assault any person; or shall be found in or upon any dwelling-house, ware-house, stable, barn, coach-house, smoke-house or out-house, or in any enclosed yard or garden, or area belonging to any house, with an intent to steal any goods or chattels, then he or she shall be deemed and adjudged to be a disorderly person.

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1788-1801 Ohio Laws 20, A Law Respecting Crimes and Punishments . . . , ch. 6.

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Burglary . . . If the person or persons so breaking and entering any dwelling house, shop, store or vessel as aforesaid, shall commit, or attempt to commit any personal abuse, force, or violence, or shall be so armed with any dangerous weapon or weapon...

Burglary . . . If the person or persons so breaking and entering any dwelling house, shop, store or vessel as aforesaid, shall commit, or attempt to commit any personal abuse, force, or violence, or shall be so armed with any dangerous weapon or weapons as clearly to indicate a violent intention, he, she or they so offending, upon conviction thereof, shall moreover, forfeit all his, her or their estate, real and personal, to this territory, out of which the party injured shall be recompensed as aforesaid, and the offender shall also be committed to any gaol [jail] in the territory for a term not exceeding forty years.

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1783 Conn. Acts 633, An Act For The Punishment of Burglary And Robbery.

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That whoever shall commit Burglary, by breaking up any Dwelling House or Shop, wherein Goods, Wares and Merchandise are deposited, or shall commit Robbery, by robbing any Person in the Field of Highway, if in the Perpetration of said Crimes, the Person...

That whoever shall commit Burglary, by breaking up any Dwelling House or Shop, wherein Goods, Wares and Merchandise are deposited, or shall commit Robbery, by robbing any Person in the Field of Highway, if in the Perpetration of said Crimes, the Person or Persons committing the same, shall be guilty of any personal Abuse, Force or Violence, or shall be so armed with any dangerous Armour or Weapon, as clearly to indicate their violent Intentions; such Person or Persons, found guilty as aforesaid, and being thereof convicted before the Superior Court, shall suffer Death.

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1717 Mass. Acts 336, An Act For The Better Regulation Of Fowling.

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And every such offender shall be, and hereby is prohibited and restrained from using a gun to shoot at waterfowl for the space of three years next after his offence, upon the like penalty of forty shillings for each time he shall presume so to offend, ...

And every such offender shall be, and hereby is prohibited and restrained from using a gun to shoot at waterfowl for the space of three years next after his offence, upon the like penalty of forty shillings for each time he shall presume so to offend, to be disposed of in manner as the forfeiture aforementioned.

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