Legal Opinion

State v. Carter

Ohio Supreme Court

Decided February 16, 1983No. 82-692PublishedCited by 7 opinions

1Opinion of the CourtMahoney, J.

The principal issue in this case is whether carrying a concealed weapon is a non-probationable offense pursuant to R.C. 2951.02(F)(3) when the weapon is a firearm.

Appellant argues that R.C. 2951.02(F)(3) is ambiguous and that it therefore must be construed strictly against the state and liberally in favor of the accused. R.C. 2901.04(A). He states that the General Assembly used the word “armed” rather than “in possession of” to connote more than mere possession. He suggests it means possession with intent to use it. He further urges we adopt the statement of the appellate court in Columbus v.…

2Cases cited4 opinions

  1. Ohio Ex Rel. Bryant v. Akron Metropolitan Park DistrictSupreme Court of the United States · 1930
  2. Bernardini v. Board of EducationOhio Supreme Court · 1979
  3. Bryant v. Dayton Casket Co.Ohio Supreme Court · 1982
  4. Felske v. DaughertyOhio Supreme Court · 1980

3Cited by7 opinions

  1. State v. ButlerOhio Supreme Court · 1989
  2. State v. VaughnOhio Court of Appeals · 1983
  3. State v. FisherOhio Court of Appeals · 1985
  4. State v. DickeyOhio Court of Appeals · 1984
  5. State v. BarnettOhio Court of Appeals · 1999

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