Lewallen v. State
This text of 148 Tenn. 326 (Lewallen v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the Court.
This was a conviction under an indictment for unlawfully carrying a pistol. It appears that an officer came upon the defendant while operating a still, and the defendant reached over to a nearby log and secured a pistol and presented it in a threatening manner to the officer. This was a carrying of a. pistol for the purpose of being armed and brings the case within the statute. Page v. State, 3 Heisk., 199, note.
It is assigned as error that the judge in his charge instructed the jury that the ownership of the pistol had nothing to do with the question , of the defendant's guilt. There was no error in this instruction, as the question of ownership has no bearing.
The j udgment below is affirmed.
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148 Tenn. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewallen-v-state-tenn-1923.