State v. . McManus
Supreme Court of North Carolina
INDICTMENT for carrying a concealed weapon tried at Spring Term, 1883, of UNION Superior Court, before Shipp, J. Tho defendant- is charged with a violation of The Code, §1005, in carrying a pistol concealed about his person while off his own premises.
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INDICTMENT for carrying a concealed weapon tried at Spring Term, 1883, of UNION Superior Court, before Shipp, J. Tho defendant- is charged with a violation of The Code, §1005, in carrying a pistol concealed about his person while off his own premises. One Morgan, the prosecuting witness, testified that in July, 1882, he met defendant riding in a wagon on a public road about three miles from defendant’s premises, and in a conversation which took place between them, the witness told the defendant that he was on his way to sow some oats on certain land in defendant’s possession; that defendant…
1Opinion of the CourtMrreiMON, J.
The defendant has no ground of complaint against the .charge of the court. It was as favorable to him as the law would permit.
He was off' his own land, on the highway, and had with him, in his possession and about his person, a pistol. Under the statute, prima facie, he had it concealed about his person, and the onus was on him to show that he did not have it concealed.
The state offered testimony tending to prove that it was con cealed on his person. The defendant was examined on his own behalf, and his testimony tended to prove that he did not have it so concealed, but carried it openly,…
2Cases cited1 opinion
- State v. . GilbertSupreme Court of North Carolina · 1882
3Cited by19 opinions
- Boles v. StateSupreme Court of Georgia · 1890
- Brown v. United StatesCourt of Appeals for the D.C. Circuit · 1929
- State v. McNaryIdaho Supreme Court · 1979
- State v. ConleySupreme Court of Missouri · 1919
- State v. . DixonSupreme Court of North Carolina · 1894
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