Morris v. State

Court of Appeals of Georgia

Morris v. State

86 S.E. 462, 17 Ga. App. 271, 1915 Ga. App. LEXIS 337

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1915

Docket6639

StatusPublished

This text of 86 S.E. 462 (Morris 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

Morris v. State, 86 S.E. 462, 17 Ga. App. 271, 1915 Ga. App. LEXIS 337 (Ga. Ct. App. 1915).

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Opinion

Broyles, J.

1. Under the statute prohibiting one from a carrying a pistol about his person, or the having of a pistol in his manual possession outside of his own home or place of business, without first taking out a license from the ordinary of the county in which he resides (Park’s Penal Code, § 348 (a)), one so carrying, or so having in his manual possession, a broken and temporarily inefficient pistol, with the intent of transporting it to its owner, is guilty under the statute, if, while on his way to the owner, he superadds to his original purpose and intention a resolution to produce the pistol suddenly and use it, and does so produce and use it, in making a hostile demonstration against one whom he happens to encounter. Crawford v. State, 94 Ga. 772 (21 S. E. 992); Williams v. State, 61 Ga. 417 (34 Am. R. 102); Mathews v. Caldwell, 5 Ga. App. 336, 338 (63 S. E. 250); Cheney v. State, 10 Ga. App. 451 (73 S. E. 617).

2. The verdict was supported by the evidence, and no error of law is complained of. Judgment affirmed.

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Broyles, J.

1. Under the statute prohibiting one from a carrying a pistol about his person, or the having of a pistol in his manual possession outside of his own home or place of business, without first taking out a license from the ordinary of the county in which he resides (Park’s Penal Code, § 348 (a)), one so carrying, or so having in his manual possession, a broken and temporarily inefficient pistol, with the intent of transporting it to its owner, is guilty under the statute, if, while on his way to the owner, he superadds to his original purpose and intention a resolution to produce the pistol suddenly and use it, and does so produce and use it, in making a hostile demonstration against one whom he happens to encounter. Crawford v. State, 94 Ga. 772 (21 S. E. 992); Williams v. State, 61 Ga. 417 (34 Am. R. 102); Mathews v. Caldwell, 5 Ga. App. 336, 338 (63 S. E. 250); Cheney v. State, 10 Ga. App. 451 (73 S. E. 617).

2. The verdict was supported by the evidence, and no error of law is complained of. Judgment affirmed.

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Bluebook (online)

86 S.E. 462, 17 Ga. App. 271, 1915 Ga. App. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-gactapp-1915.

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