State v. . Harrison
Supreme Court of North Carolina
Concealed Weapons — Criminal Intent. • This was ail indictment against the defendant for carrying a pistol concealed about his person while off his own premises, tried before Avery, Judge, and a jury, at the Spring Term, 1885, of Mitchell Superior Court.
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Concealed Weapons — Criminal Intent. • This was ail indictment against the defendant for carrying a pistol concealed about his person while off his own premises, tried before Avery, Judge, and a jury, at the Spring Term, 1885, of Mitchell Superior Court. On the trial, one Harmon, a witness introduced by the State, testified that the defendant came to his house, about six miles from where he resided, and had a pistol concealed in his pocket, which he pulled out and offered to trade to the witness for an axe, and that when the witness declined to trade, he put the pistol in his pocket and went…
1Opinion of the Court
Ashe, J.,
(after stating the factsj. His Honor instructed the jury, that the defendant might rebut the presumption of guilt, by showing to the satisfaction of the jury, that he did not carry the weapon with a criminal intent, but he proceeded to instruct them, that there was no evidence offered before them, sufficient, if believed, to rebut the evidence of guilt. In this we think there was error. The testimony of the defendant, who testified that he carried the pistol in his pocket, from his house to that of the State’s witness, a distance of six miles, to be exchanged for an axe, and that he…
2Cases cited1 opinion
- State v. . GilbertSupreme Court of North Carolina · 1882
3Cited by2 opinions
- People v. WilliamsonMichigan Supreme Court · 1918
- State v. . DixonSupreme Court of North Carolina · 1894