State v. Reams

121 N.C. 556 · Supreme Court of North Carolina · Sep 5, 1897

Full text

State v. W. H. Reams.

Faircloth, C. J.: The Constitution, Article I, Section *557 24, says that, “The right of the people to keep and bear arms shall not be infringed.Nothing herein contained shall justify the practice of carrying con-' cealed weapons, or prevent the legislature from enacting-penal Statutes against said practice.” The legislature may then regulate the right to bear arms in a manner conducive to the public peace (State v. Speller, 865 N. C., 697) which it has done in Section 1005 of The Code. The offence of carrying a concealed weapon about one’s-person and off his own premises consists in the guilty intent to carry it concealed and not upon the intent to use it; and the possession of the weapon raises the presumption of guilt,, which presumption may be rebutted by the defendant. State v. Dixon, 114 N. C., 850, where the decisions are collected; State v. Pigford, 117 N. C., 748; State v. Hinnant., 120 N. C., 572. State v. Lilly, 116 N. C., 1049, was much like the present. The proof was that the pistol was under the defendant’s overcoat, and there was evidence that the pistol could be be seen. It was held that it was a matter for the jury, and not for the Judge, to determine whether the evidence was sufficient to rebut the presumption of concealment raised by the Statute, and whether or not the weapon was, in fact, concealed. In the present case there was evidence that the defendant had on no overcoat, that lie put his pistol in the left hand upper outside coat pocket, that it was 10 to 11 inches long, that two inches of the breech and the handle of the pistol was showing, and the balance of the pistol was in the pocket. "When the pistol was handed to the defendant to go on a journey, he said he did not intend to conceal it. His Honor told the jury that “If any part of the pistol was concealed, it is- an indictable offence, and if the jury believe beyond a reasonable doubt that any part of it was *558 concealed, that is, could not be seen from the outside, they should find the defendant guilty.” This was error. Carrying concealed weapons is a grievous evil and a constant menace to the good order and peace of society. It is cruel to the other party, who, when he engages in an altercation, is ignorant of the deadly force he encounters, and hence the concealment is the gist of the offence. It shows a deliberate purpose -on the part of the offender to take his adversary at a deadly disadvantage. Whether the weapon is concealed from the public, and whether the defendant has rebutted the presumption of guilt raised by the Statute when possession is shown, are questions of fact solely for the jury under proper instructions from the Court. If the weapon is partly exposed to public view, it would be difficult and unreasonable to say, as a legal conclusion, that it was concealed. New trial.

Notice

Freecase is a legal research tool. It does not determine whether a case is good law and does not provide legal advice.

Metadata

Status: Published
Author: Faircloth
Judges: Faircloth
Cluster ID: 3920344

Citations

121 N.C. 556
27 S.E. 1004

Cited by

Commonwealth v. Montgomery, D., Aplt.
Supreme Court of Pennsylvania · Jul 21, 2020
State v. Mbacke
Court of Appeals of North Carolina · Jan 4, 2011
People ex rel. O.R.
Colorado Court of Appeals · Dec 24, 2008
State v. Jordan
Court of Appeals of North Carolina · Jul 2, 1985
State v. Dawson
Supreme Court of North Carolina · Feb 2, 1968
State v. . Mangum
Supreme Court of North Carolina · Mar 26, 1924
State v. . Kerner
Supreme Court of North Carolina · May 11, 1921
State v. . Simmons
Supreme Court of North Carolina · Mar 12, 1907
State v. Boone.
Supreme Court of North Carolina · Jun 6, 1903
State v. Neely
Supreme Court of North Carolina · Aug 15, 1902
State v. . Brown
Supreme Court of North Carolina · Dec 22, 1899

Parentheticals

providing that if a weapon is partly exposed to public view, it would be unreasonable to conclude legally that the gun was concealed
Commonwealth v. Montgomery, D., Aplt.
"The offense of carrying a concealed weapon about one's person and off his own premises consists in the guilty intent to carry it concealed ... and the possession of the weapon raises the presumption of guilt, which presumption may be rebutted by the defendant."
State v. Mbacke
“The offense of carrying a concealed weapon about one’s person and off his own premises consists in the guilty intent to carry it concealed . . . and the possession of the weapon raises the presumption of guilt, which presumption may be rebutted by the defendant.”
State v. Mbacke
in overturning conviction where jury was instructed that if any part of pistol was concealed it is an indictable offense, court stated, "If the weapon is partly exposed to public view, it would be difficult and unreasonable to say, as a legal conclusion, that it was concealed."
People ex rel. O.R.
in overturning conviction where jury was instructed that if any part of pistol was concealed it is an indictable offense, court stated, "If the weapon is partly exposed to public view, it would be difficult and unrea sonable to say, as a legal conclusion, that it was concealed."
People ex rel. O.R.