State v. Roberts

The defendant was indicted, tried and convicted, on a charge of carrying concealed upon his person a dangerous and deadly weapon. There was evidence, on part of the state, tending to show that the defendant did carry, concealed upon his person, an unloaded revolving pistol. This made a prima facie case for the state. The defendant introduced evidence tending to show, that he carried the pistol only as a messenger for the purpose of returning it to the owner, that he did not carry it as a weapon, and that he had no intention of using it as a weapon.

*48This being the evidence, the court charged…