Lively v. State

HERRMANN, Chief Justice:

This appeal stems from the defendant’s conviction of Carrying a Concealed Deadly Weapon, in violation of 11 Del.C. § 1442. 1 The most significant issue is whether the State had the burden of proving the lack of a license to carry such weapon.

I

The defendant Lorenzo Lively was arrested, along with a companion, at a department store on charges relating to the fraudulent use of a stolen credit card. During a custodial search of the defendant’s person by the police, keys to a Cadillac automobile were discovered. When questioned about the keys, the defendant admitted to…