State v. . Lilly
Supreme Court of North Carolina
This was an indictment for carrying a pistol concealed about the person of the defendant, tried at Spring Term, 189.5, of StaNly Superior Court, before His Honor, W. S. O'JB. Poiinson, Podge, and a jury. Tine Christian, a witness for the State, testified that she saw the defendant oif his own premises with a pistol in a belt around his body; that the defendant had on his overcoat, but that the pistol could be seen, either when the defendant was sitting down or standing up.
Read the full summary
This was an indictment for carrying a pistol concealed about the person of the defendant, tried at Spring Term, 189.5, of StaNly Superior Court, before His Honor, W. S. O'JB. Poiinson, Podge, and a jury. Tine Christian, a witness for the State, testified that she saw the defendant oif his own premises with a pistol in a belt around his body; that the defendant had on his overcoat, but that the pistol could be seen, either when the defendant was sitting down or standing up. The defendant introduced no testimony and the Court charged the jury, that if they believed the evidence the defendant…
1Opinion of the Court
Clark, J.:
The statute raises a presumption that the weapon is concealed upon proof that defendant lias it about his person off his own premises. The Code, Sec. 1005.' The defendant to rebut this presumption relies on the evidence “that the pistol could be seen either when the defendant was sitting down or standing up.” On the other hand, the State relies on the fact that the defendant had it on under his overcoat. It does not appear how the overcoat was worn, whether open, displaying the weapon, or partly buttoned up. It could not have been buttoned up entirely, since the weapon' ueould be…
2Cases cited1 opinion
- State v. . DixonSupreme Court of North Carolina · 1894
3Cited by9 opinions
- Mularkey v. StateWisconsin Supreme Court · 1930
- State v. . SimmonsSupreme Court of North Carolina · 1907
- State v. ReamsSupreme Court of North Carolina · 1897
- State v. . MangumSupreme Court of North Carolina · 1924
- State v. . R. R.Supreme Court of North Carolina · 1908
4 more not listed; retrieve them via the Exa API.