Caldwell v. State

Court of Appeals of Georgia

Caldwell v. State

198 S.E. 793, 58 Ga. App. 408, 1938 Ga. App. LEXIS 286

CourtCourt of Appeals of Georgia

DecidedSeptember 24, 1938

Docket26830

StatusPublished

Cited by4 cases

This text of 198 S.E. 793 (Caldwell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caldwell v. State, 198 S.E. 793, 58 Ga. App. 408, 1938 Ga. App. LEXIS 286 (Ga. Ct. App. 1938).

Pincite

Opinion

Guerry, J.

1. While it is time that where one suddenly, upon- an emergency,acquires manual possession of a pistol for the purpose of defending himself, his family, or his property, he is not guilty of carrying a. pistol without a license in violation of the Code, § 26-5103 (Williams v. State, 12 Ga. App. 84, 85, 76 S. E. 785; Amos v. State, 13 Ga. App. 140, 78 S. E. 866; Harris v. State, 15 Ga. App. 315, 85 S. E. 813); yet one is not authorized to carry a pistol about his person for the purpose of meeting any emergency that may arise, or an emergency which he unlawfully intends to create by his own act, without first procuring a license; and [409]*409if such carrying is done outside of his home or place of business, he is guilty of a violation of this section.

Decided September 24, 1938. Duke O. Meredith, J. S. Nunnally, Frank A. Bowers, for plaintiff in error. John 8. McClellmd, solicitor, John A. Boylcim, solicitor-general, J. W. LeCraw, contra.

2. The evidence supported the verdict finding the defendant guilty.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Guerry, J.

1. While it is time that where one suddenly, upon- an emergency,acquires manual possession of a pistol for the purpose of defending himself, his family, or his property, he is not guilty of carrying a. pistol without a license in violation of the Code, § 26-5103 (Williams v. State, 12 Ga. App. 84, 85, 76 S. E. 785; Amos v. State, 13 Ga. App. 140, 78 S. E. 866; Harris v. State, 15 Ga. App. 315, 85 S. E. 813); yet one is not authorized to carry a pistol about his person for the purpose of meeting any emergency that may arise, or an emergency which he unlawfully intends to create by his own act, without first procuring a license; and [409]*409if such carrying is done outside of his home or place of business, he is guilty of a violation of this section.

Decided September 24, 1938. Duke O. Meredith, J. S. Nunnally, Frank A. Bowers, for plaintiff in error. John 8. McClellmd, solicitor, John A. Boylcim, solicitor-general, J. W. LeCraw, contra.

2. The evidence supported the verdict finding the defendant guilty.

Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.

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Bluebook (online)

198 S.E. 793, 58 Ga. App. 408, 1938 Ga. App. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-state-gactapp-1938.

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