State v. Maisey

Brian Joseph Maisey, a teenaged boy arrested for having a large knife in his pocket, appeals his conviction for carrying a concealed and deadly weapon. For the reasons set forth below, we reverse and remand with directions.

I

FACTS

This ease concerns charges filed against an 18-year-old who was in possession of a butterfly or “gravity” knife. In the early morning hours of March 18, 2001 a Tyler County Sheriffs deputy discovered Appellant Brian Maisey, then age 18, and a group of seven other people in a rural camp or cabin 1 in the Ivers Flats area of Tyler County. The deputy had responded to a…