State v. . Gilbert
Supreme Court of North Carolina
INDICTMENT for carrying a pistol concealed, in violation of the act of 1879, ch. 127, tried at Fall Term, 1882, of Buncombe Superior Court, before Shepherd, J. The jury returned a special” verdict, in which, after finding that the defendant was off his own premises, and that he did not belong to any of the excepted classes of officers, they say: That within two years next before the finding of the indictment against him, the defendant, while in the streets of Asheville, had…
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INDICTMENT for carrying a pistol concealed, in violation of the act of 1879, ch. 127, tried at Fall Term, 1882, of Buncombe Superior Court, before Shepherd, J. The jury returned a special” verdict, in which, after finding that the defendant was off his own premises, and that he did not belong to any of the excepted classes of officers, they say: That within two years next before the finding of the indictment against him, the defendant, while in the streets of Asheville, had upon his person a pistol which was in his over-coat pocket, and concealed from view; that be had no criminal inten.t in…
1Opinion of the CourtRuffin, J.
This court can but think, that it was paying too great a regard to the letter of the law, and too little to its spirit, to hold the defendant to be guilty after sucha verdict as was rendered in this case. •
The offence with which he is charged, forms no exception to the general rule that to constitute a crime there must be a criminal intent, and we can perceive no good reason why it should do so.
The statute declares that the having of a deadly weapon upon one’s person shall be prima facie evidence of its concealment, and this of itself seems necessarily to imply that it may be done under such…
2Cited by15 opinions
- State v. Barrett.Supreme Court of North Carolina · 1905
- S. v. . WilkersonSupreme Court of North Carolina · 1913
- State v. WilkersonSupreme Court of North Carolina · 1913
- State v. MalachiSupreme Court of North Carolina · 2018
- State v. . McManusSupreme Court of North Carolina · 1883
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