State v. . Simmons
Supreme Court of North Carolina
INDICTMENT for carrying a concealed weapon, tried before Jones,, J., and a jury, November Term, 1906, Superior Court of Lenoie County. Erom verdict and judgment, defendant appealed. Tbe defendant was indicted for carrying a concealed weapon, to-wit, a pistol. He attempted to justify upon tbe ground that be was Bird and Game Warden and entitled by Revisal, sec. 1868, to exercise all tbe power and authority of a constable at tbe common law and under tbe statutes of this State.
Read the full summary
INDICTMENT for carrying a concealed weapon, tried before Jones,, J., and a jury, November Term, 1906, Superior Court of Lenoie County. Erom verdict and judgment, defendant appealed. Tbe defendant was indicted for carrying a concealed weapon, to-wit, a pistol. He attempted to justify upon tbe ground that be was Bird and Game Warden and entitled by Revisal, sec. 1868, to exercise all tbe power and authority of a constable at tbe common law and under tbe statutes of this State. He was not on duty when tbe pistol was found on bis person. Tbe weapon was in bis possession on tbe night in question.…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe fact that tbe defendant was game warden at tbe time be was found with tbe pistol in bis pocket did not excuse him for carrying it concealed. Even if be was invested with tbe power and authority of a constable for all purposes, and not only to tbe extent that was necessary for tbe efficient discharge of bis official duties as game warden, it appears that be was not then in tbe actual performance of those duties. He does not, therefore, come within tbe exception of tbe statute. Revisal, sec. 3708; State v. Hayne, 88 N. C., 625; State v. Boone, 132 N. C.,…
2Cases cited17 opinions
- State v. McDonald.Supreme Court of North Carolina · 1903
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- State v. . DownsSupreme Court of North Carolina · 1895
- State v. . BarrettSupreme Court of North Carolina · 1898
- State v. . ShuleSupreme Court of North Carolina · 1849
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hamilton v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- State v. . BrodieSupreme Court of North Carolina · 1925
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. . ParkerSupreme Court of North Carolina · 1910
- State v. . R. R.Supreme Court of North Carolina · 1908
13 more not listed; retrieve them via the Exa API.