Legal Opinion

Stockdale v. State

Supreme Court of Georgia

Decided January 15, 1861PublishedCited by 16 opinions

Misdemeanor, in Marion Superior Court. Tried before Judge Worrill, at the ..September Term, 1860. On the 8th day of September, 1858, a bill of indictment was found, and filed, in Marion Superior Court, against John J. Stockdale, for having and carrying about his person, on the 21st day of August, 1858, a concealed pistol, in violation of law.

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Misdemeanor, in Marion Superior Court. Tried before Judge Worrill, at the ..September Term, 1860. On the 8th day of September, 1858, a bill of indictment was found, and filed, in Marion Superior Court, against John J. Stockdale, for having and carrying about his person, on the 21st day of August, 1858, a concealed pistol, in violation of law. The defendant having pleaded not guilty, was put to trial', at the September Term, 1860. On the trial, Morgan Kemp and John Kemp, witnesses for the State, testified : “That about the 28th day of August, 1859, in the county of Marion, they saw the…

1Opinion of the Court

JBy the Court.

Lyon, J.,

delivering the opinion.

The plaintiff in error, Stockdale, was on trial for an alleged violation of the Act of 12th January, 1852, “to prohibit the sale of deadly weapons, and to prescribe the manner of carrying the same,” etc., in having and carrying a certain pistol about his person, not in an open manner and fully exposed to view.

Counsel for the accused requested the Court to charge the jury: “ That if the defendant carried the pistol in an open manner, and so plainly and fully exposed to view, that any person could see and know that it was a pistol, that then, the…

2Cited by16 opinions

  1. Edward Peruta v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2014
  2. Strickland v. StateSupreme Court of Georgia · 1911
  3. State v. . KernerSupreme Court of North Carolina · 1921
  4. Moody v. StateCourt of Appeals of Georgia · 1987
  5. McCroy v. StateCourt of Appeals of Georgia · 1980

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