Legal Opinion

State v. Gainey

Supreme Court of North Carolina

Decided May 1, 1968No. 497PublishedCited by 15 opinions

1Opinion of the CourtHiggins, J.

G.S. 14-269 provides: “If anyone, except on his own premises, shall wilfully and intentionally carry concealed about his person any . . . pistol, gun, or other deadly weapon of like kind, he shall be guilty of a misdemeanor and shall be fined or imprisoned at the discretion of the Court.”

Although Ford was in his own automobile at the time of his arrest, he was on the public highway and not on his own premises within the meaning of the statute. State v. Perry, 120 N.C. 580; State v. Hewell, 90 N.C. 705. The critical question is whether the evidence was sufficient to warrant the finding that…

2Cases cited4 opinions

  1. State v. . McManusSupreme Court of North Carolina · 1883
  2. State v. PerrySupreme Court of North Carolina · 1897
  3. State v. . SpruillSupreme Court of North Carolina · 1938
  4. State v. . HewellSupreme Court of North Carolina · 1884

3Cited by15 opinions

  1. State v. BeachSupreme Court of North Carolina · 1973
  2. State v. WilliamsUtah Supreme Court · 1981
  3. State v. BestCourt of Appeals of North Carolina · 2011
  4. State v. CassellCourt of Appeals of North Carolina · 1975
  5. State v. GaytonCourt of Appeals of North Carolina · 2007

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