Williams v. The State Of Ga.

• Court: Georgia Supreme Court
• Writing for the Court: BlEckley, Justice
• Citation: Williams v. The State Of Ga., 34 Am.Rep. 102, 61 Ga. 417 (Ga. 1878)
• Decision Date: 31 August 1878
• Parties: Williams. v. The State of Georgia.

61 Ga. 417

Williams. v. The State of Georgia.

Supreme Court of the State of Georgia

(August Term, 1878.)

[Warner, Chief Justice, was providentially prevented from presiding in this case.]

Criminal law. Carrying concealed weapons. Before Judge Rice. Clarke County. At Chambers. December-12, 1877.

Williams was convicted in the county court of Clarke county of carrying a pistol concealed about his person. It was not disputed that he had a pistol concealed about him at the time charged, but it was shown that the main-spring of the lock was broken, rendering a discharge in the ordinary manner of firing a pistol impossible. Relying upon this defense, he applied for the writ of certiorari. Judge Rice refused to sanction the petition, and he excepted.

P. G. Thompson, for plaintiff in error.

L W. Thomas, county solicitor, by T. W. Rucker, for the state, cited Bishop on Stat. Crimes, § 791; 46 Ala., 88.

*BlEckley, Justice.

Section 4527 of the Code reads as follows: "Any person having or carrying about his person, unless in an open manner gad fully exposed to view, any pistol, (except horseman's pistols,)dirk, sword in a case, spear, bowie-knife, or any other kind of knives manufactured and sold for the purpose of offense and defense, shall be guilty of misdemeanor, etc." What is the meaning of "any pistol?" This is the sole question. "The ordinary signification shall be applied to all words, except words of art, or connected with a peculiar trade or subject-matter, when they shall have the signification attached to them by experts in such trade, or with reference to such subject matter." Code, § 4. Pistol is a word in general use by the whole population, and is consequently to be understood in its ordinary signification. With this as a standard, any object which would usually be called a pistol in speaking of it, is a pistol. An...