State v. Smith

Mebrick, O. J.

The defendant was indicted and convicted of carrying concealed weapons. He takes the present appeal to reverse the charge of the judge to the jury. The language used in the charge, and excepted to, is “ that carrying of a pistol in the pockety under the clothes, although partially exposed, is the carrying of concealed weapons within the meaning of the statute.”

The charge is objected to, “first, because it is a direet charge upon the facts of the case, and secondly, an evident misinterpretation of the statute.”

The charge was not a charge upon the facts, although the facts proven…