Rash v. State

Defendant appeals his conviction for carrying a concealed weapon in violation of § 790.01, Fla.Stat. after a non-jury trial.

Defendant urges as reversible error the determination by the trial judge that he does not come within the statutory exception to § 790.01, Fla.Stat. as set forth in § 790.25, Fla.Stat., i. e. the carrying of a concealed firearm in one’s home. See also French v. State, Fla.App. 1973, 279 So.2d 317.

Defendant testified that on the night in question, he heard someone attempting to break into his apartment and thereupon took a gun and went outside the building to a walkway.…