State v. . Roten
Supreme Court of North Carolina
Appeal from the inferior court heard at Fall Term, 1881, of Ashe Superior Court, before Seymour, J. The defendant was indicted in the inferior court of Ashe county for carrying a pistol concealed about his person while off his own premises.
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Appeal from the inferior court heard at Fall Term, 1881, of Ashe Superior Court, before Seymour, J. The defendant was indicted in the inferior court of Ashe county for carrying a pistol concealed about his person while off his own premises. The jury returned a special verdict which was as follows : “ We find that the defendant on the 24th day of December, 1880, went to Horse Creek Store with two pistols buckled around him without scabbards and naked on a belt on the outside of his clothing, and off his own premises. If that is unlawful we find him guilty, if not, we find him not guilty.” Upon…
1Opinion of the CourtAshe, J.
The defendant was indicted under the act of 1879, ch. 127, which makes it an indictable offence for a person, except on his own premises, “to carry concealed about his person any pistol, bowie-knife, dirk, dagger, slung-shot, loaded cane, brass, iron or metallic knuckles, or other deadly weapon of like kind,” and the fourth section of said act, provides that, “any person being off his own premises and having upon his person any deadly weapon described in section one, such possession shall,be prima facie evidence of the concealment thereof.”
The evident intention of the legislature in passing…
2Cases cited1 opinion
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
3Cited by13 opinions
- State v. WorkmanWest Virginia Supreme Court · 1891
- State v. . GregorySupreme Court of North Carolina · 1932
- State v. DawsonSupreme Court of North Carolina · 1968
- State v. . BaldwinSupreme Court of North Carolina · 1910
- State v. . PollardSupreme Court of North Carolina · 1914
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