State v. McManus
| Decision Date | 31 October 1883 |
| Citation | 89 N.C. 555 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. N. J. MCMANUS. |
INDICTMENT for carrying a concealed weapon tried at Spring Term, 1883, of UNION Superior Court, before Shipp, J.
The defendant is charged with a violation of THE CODE, §1005, in carrying a pistol concealed about his person while off his own premises.
One Morgan, the prosecuting witness, testified that in July, 1882, he met defendant riding in a wagon on a public road about three miles from defendant's premises, and in a conversation which took place between them, the witness told the defendant that he was on his way to sow some oats on certain land in defendant's possession; that defendant thereupon turned his wagon around immediately, and the witness saw defendant draw a pistol from his hip-pocket; that he also saw a basket the defendant had with him in the wagon, but could see no pistol in it.
The defendant testified in his own behalf that, on the occasion mentioned by the state's witness, he was on his way to work upon a house he was erecting, about five miles distant, and was carrying his pistol to swap it for a watch, according to an understanding had with one Sherman Flow, whom he met at the place where he was building his house a few days before the occasion spoken of by the prosecuting witness; that he put the pistol in his dinner basket on top of the cloth which covered his dinner, and carried the basket on his lap; that he had on no coat and there was no hip-pocket in his pants; that he put the pistol in the basket because that was the most convenient place to carry it, and without intent to conceal it or the fact that he had it, his sole object being to trade the pistol with Flow, whom he expected to see that day; that when he left home he had no idea of meeting the witness Morgan, and at no time did he have the pistol in his pocket or concealed about his person; that when it was in the basket it could be seen by any one.
Another witness testified that he saw the defendant, after Morgan had passed him on the road, going towards his (defendant's) premises, following Morgan, and that the defendant had the pistol in his hand, and was then walking; that he kept it openly in his hand until he overtook Morgan, which was upon defendant's land; that Morgan sowed the oats upon the land of the defendant, despite the efforts of the defendant, Morgan having in his own hand a double-barrelled gun during the whole time he was sowing the oats; that Morgan was indicted and convicted for forcible trespass growing out of this matter, and this defendant (McManus) prosecuted him.
Both the prosecuting witness and defendant proved a good character by a number of witnesses.
His Honor charged the jury that if the defendant was off his own premises and had in his possession a pistol, the law made the fact prima facie evidence of concealment, and the fact being found or admitted, the burden of proof was shifted from the state to the defendant to show to the satisfaction of the jury that there was in fact no concealment; and if the defendant, being off his own premises, had the pistol concealed in his pocket or in his dinner basket, and the basket was on his lap, he is guilty, provided he had any criminal intent in so concealing it; and in passing upon the question of intent, they could consider the fact the defendant showed a disposition to use the pistol in the difficulty between Morgan and himself. The defendant excepted to the charge of the judge.
Verdict of guilty; judgment; appeal by the defendant.
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State v. McNary
...261 S.W.2d 807 (Ky.1953); Shipley v. State, 243 Md. 262, 220 A.2d 585 (1966); State v. Conely, 280 Mo. 21, 217 S.W. 29 (1919); State v. McManus, 89 N.C. 555 (1883); Schraeder v. State, 28 Ohio App. 248, 162 N.E. 647 (1928); Spears v. State, 112 Tex.Cr.R. 506, 17 S.W.2d 809 (1929); Annot., 4......
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State v. Brunson
...basket in a vehicle is a violation of the Code, § 1005, prohibiting the carrying of a weapon "concealed about the person." See State v. McManus, 89 N.C. 555. In that case, Mr. Justice Merrimon, for the court, attention to the peculiar language of the statute thus: "The language is not 'conc......
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State v. Hill
...use it, if prompted to do so by any violent motive....’ ” Id. at 623, 160 S.E.2d at 687 (omission in original) (quoting State v. McManus, 89 N.C. 555, 559 (1883)). Thus, “ ‘[i]t makes no difference how [the weapon] is concealed, so it is on or near to and within the reach and control of the......
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Henderson v. US
...prompted to do so by any violent motive. Id. at 312, 30 F.2d at 475 (emphasis added to language after semi-colon) (quoting State v. McManus, 89 N.C. 555, 558-59 (1883)). In Wilson v. United States, 91 U.S.App. D.C. 135, 198 F.2d 299 (1952), the question presented on appeal was whether a loa......