Cutsinger v. Commonwealth

• Court: Kentucky Court of Appeals
• Writing for the Court: LINDSAY, JUDGE:
• Citation: Cutsinger v. Commonwealth, 70 Ky. 392 (Ky. Ct. App. 1870)
• Decision Date: 09 December 1870
• Parties: Cutsinger v. Commonwealth.

70 Ky. 392

Cutsinger v. Commonwealth.

Court of Appeals of Kentucky.

December 9, 1870

APPEAL FROM WASHINGTON CIRCUIT COURT.

BROWNE & LEWIS, For Appellant,

CITED

10 B Monroe, Phillips v. Pope's heirs.

4 Littell, 377, Mason v. Rogers.

Broom's Legal Maxims, 439.

Revised Statutes, 1 Stanton, 414.

JOHN RODMAN, Attorney-General, For Appellee.

OPINION

LINDSAY JUDGE:

Cutsinger undertook, for the accommodation of Hickerson, to convey to Cook a pistol, of which the latter was the purchaser. He so carried the same about his person as to conceal it from the public view. He was indicted therefor under the provisions of the " act to prohibit the carrying of concealed deadly weapons," and upon trial was convicted and fined fifty dollars. He complains that the circuit court erred to his prejudice in refusing to instruct the jury, in effect, that if he was carrying the pistol for the purpose of delivering it to Cook, and not with the intention of using it as a weapon, they should find him not guilty. The language of the statute is that " if any person shall hereafter carry concealed any deadly weapon" he shall be fined etc. It was the evident intention of the legislature to prevent, as far as possible, the pernicious habit of carrying upon the person deadly weapons for improper or unlawful purposes. They saw proper, in their wisdom, to provide that except under certain circumstances, such weapons should not be carried concealed for any purpose whatever. Whether or not this inhibition is...