State v. Reams

• Decision Date: 19 October 1897
• Citation: 27 S.E. 1004,121 N.C. 556
• Court: North Carolina Supreme Court
• Parties: STATE v. REAMS.

27 S.E. 1004

121 N.C. 556

STATE

v.REAMS.

Supreme Court of North Carolina.

Oct. 19, 1897.

Carrying Weapon—Concealment.

Whether the weapon carried by defendant was concealed from the public, and whether the presumption of guilt raised by Code, § 1005, arose from his possession of it about his person off his own premises, are questions for the jury, there being evidence that he had on no overcoat, and had put his pistol, 10 or 11 inches long, in an upi>er outside coat pocket, and that the handle and two inches of the breech were showing, and that when it was handed him to take on a journey he said he did not intend to conceal it.

Appeal from criminal court, Nash county; Sutton, Judge.

W. H. Reams was convicted of carrying a concealed weapon, and appeals. Reversed.

J. W. Floyd testified for the state: "Live in Nash. Know the defendant. Saw him with a pistol. Think it was year before last, but do not remember what time of the year. It was on the public road that I saw him with the pistol. One of Mr. Jones' little boys handed it to him. He took it from the boy's hand, —in his right hand, —put down his right hand, and I never saw it any more. Don't know whether he put it in his pocket or not. 1 was 20 or 30 steps from him. Could not tell whether there was a pocket on the left side of his coat. I was on the right side of him. He had on a coat, but I couldn't tell whether it was buttoned or not. Never saw the pistol any more. There were two or three with me, and he looked towards me, and said he paid taxes on it, and had a right to carry it, and went up the road. The boy was on his left side, and I was on the right. Whether the pistol was concealed or not, 1 cannot say. It went out of my sight." On cross-examination: "I think 1 took the taxes that year, and that he gave in the pistol for taxes. I don't know that I can say why he had the pistol. I understand that his father was stricken in Springhope that day, and was either dead then or died shortly afterwards. A messenger came, and told him about his father. I don't know whom he sent for the pistol, but one of Mr. Jones' boys delivered it to him. Don't know where the boy got it. General character of defendant not very good." Redirect: "When the pistol disappeared, he turned his head, and wentdirectly off. He was In the road and I was in a path, and he went off from me." W. R. Jones testified: "Know the defendant. Don't know anything about his having a pistol concealed. I did not give him the pistol. I never saw him at any time with a pistol concealed about his person." J. J. Jones testified: "Live in Nash. Know the defendant. About Sunday morning, March 30, 1895, both these Reams boys and Mrs. Henry, from Springhope, came there, and said that Reams' father was either dead or dying at Spring-hope. One of the boys brought Reams the pistol, and he put it in the outside pocket. Did not do anything with the pistol. Went to Springhope, and said he was going to die in defense of his father. Did not have on any overcoat. I never saw the pistol after it was handed to him and he put It away. I never noticed to see it." W. H. Reams, the defendant, testified: "I live in Franklin county, 12 miles from Louisburg. On March 31, 1895, Mrs. Henry came down from Spring-hope to Jones', where I was, and told me my father had been murdered at Springhope; that he was lying in the road in his blood; and they wanted me to go there, and see about him, and carry him some dry clothes. I did not know whether to go there under those circumstances or not, for fear that, if they had done anything to him, they might do the same thing to me. I asked Jones' boy to bring my pistol. He started to slip it to me, and I told him not to slip it to me; that Mr. Floyd was there, and I had listed my taxes with him, and I had a perfect right to carry the pistol. He handed me the pistol, and I put it in my outside pocket. The pistol was not concealed. The breech of the pistol was showing out of my pocket about two inches, and the handle was showing. It was in the left upper outside pocket of my coat on the left. I had on no overcoat. The balance of the pistol was in my pocket. I wont to Springhope. I put it in the upper pocket, and not in the back pocket, so that It would be public, and not concealed. I knew If I put it in my back pocket it would be concealed. 1 did not conceal it at any time. When I got back home, I put it on the mantel, and shortly afterwards sold It, and have not had one since." Cross-examination: "It was what they called a 'White Star' pistol, not a Smith and Wesson.' The...