Legal Opinion

State v. . Erwin

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 2 opinions

INDICTMENT for carrying concealed-weapon, tried at Fall Term, 1884, of Buncombe Superior Court, before Shipp, J. This prosecution was commenced in the inferior court, and from the judgment pronounced upon a verdict of guilty, the defendant appealed to the superior court where the judgment below was affirmed, and the defendant then appealed to this court.

1Opinion of the Court

Mérrimos, J.

The defendant was indicted for a violation of the statute, The Code, § 1005. It is charged in the indictment, that he “ did unlawfully and wilfully carry con-bealed from sight about his person a deadly weapon, to-wit, a certain butcher’s knife, contrary,” &c.

It was in evidence on the trial that the defendant “carried concealed about his person a butcher’s knife eleven inches long, with a sharp pointed and sharp edged blade six inches long and one-fourth, (this, as was said in the argument, ought to be one and one-fourth) inch wide.”

The court instructed the jury, “that a butcher’s…

2Cases cited6 opinions

  1. State v. . McManusSupreme Court of North Carolina · 1883
  2. State v. . GilbertSupreme Court of North Carolina · 1882
  3. State v. . AllisonSupreme Court of North Carolina · 1884
  4. State v. . ParkerSupreme Court of North Carolina · 1879
  5. State v. . SimpsonSupreme Court of North Carolina · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Commonwealth v. FestaSuperior Court of Pennsylvania · 1944
  2. State v. . SimmonsSupreme Court of North Carolina · 1907

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