Legal Opinion

State v. Perry

Supreme Court of North Carolina

Decided February 15, 1897PublishedCited by 6 opinions

This was a criminal action, tried before Meares, Jat the January Term, 1897, of the Circuit Criminal Court in New ITaNoveR county. The defendant was indicted under The Code for carrying a concealed weapon, he not being an officer of the law, in the military or marine service of the United States or of the State of North Carolina.

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This was a criminal action, tried before Meares, Jat the January Term, 1897, of the Circuit Criminal Court in New ITaNoveR county. The defendant was indicted under The Code for carrying a concealed weapon, he not being an officer of the law, in the military or marine service of the United States or of the State of North Carolina. The following facts were found as a special verdict: “ The defendant was the general manager and supervisor of the Wilmington Seacoast Turnpike Company, and had absolute control of all the property of said company and resided upon the property of said turnpike…

1Opinion of the Court

Olabk, J-:

The Gode, Section 1005, makes it a misdemeanor for any one to carry a concealed weapon, except when on “his own premises,”and provides that if an}r one “pot being on his own lands” shall have about his person a deadly weapon of the kind enumerated in the Statute, such possession is prima facie evidence of concealment. Certain classes of persons, as soldiers, certain officers on official duty. &., are exempted from the operation of the Statute. The use of the words “on his own premises” and “not being on his own lands,” shows an intention to restrict xhe right to carry concealed…

2Cases cited1 opinion

  1. State v. . TerrySupreme Court of North Carolina · 1885

3Cited by6 opinions

  1. People v. LaubscherIllinois Supreme Court · 1998
  2. State v. GaineySupreme Court of North Carolina · 1968
  3. Marshall v. WalkerDistrict Court, N.D. Illinois · 1997
  4. People v. WestAppellate Court of Illinois · 1981
  5. State v. Anderson.Supreme Court of North Carolina · 1901

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