Caldwell v. State

Court of Appeals of Georgia

Caldwell v. State

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

Court of Appeals of Georgia·Decided September 24, 1938·No. 26830·Published·Cited by 4 cases

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] if 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] if 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.

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

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Opinion

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