Nickell v. Commonwealth

STANLEY, Commissioner.

Two police officers of Mt. Sterling received a call to go to the “Knot Hole” in that city because “a bunch of drunks” were there. On arrival they saw Wendall Ray Nickell staggering drunk. He sat down and one or the other of the officers (they testified) told him that he was under arrest and that he would have to come with them. The defendant testified they.jerked him up and said, “Wendall, let’s go.” They lifted him up and searched him. He had a loaded pistol in his belt concealed by his sweater.

On his trial for the crime of carrying a deadly weapon concealed on his…