State v. Pye

Supreme Court of Louisiana

State v. Pye

72 So. 2d 879, 225 La. 365, 1954 La. LEXIS 1226

CourtSupreme Court of Louisiana

DecidedApril 26, 1954

DocketNo. 41752

StatusPublished

Cited by3 cases

This text of 72 So. 2d 879 (State v. Pye) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Pye, 72 So. 2d 879, 225 La. 365, 1954 La. LEXIS 1226 (La. 1954).

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Opinion

FOURNET, Chief Justice.

We granted certiorari in this case on relator’s showing that he was convicted under LSA-R.S. 14:95 and sentenced to serve six months in the Parish prison on a bill of information charging him with having “concealed on his person a certain dangerous weapon, to-wit, pocket knife” — in direct conflict with the jurisprudence of this State. State v. Davis, 214 La. 885, 39 So.2d 164; State v. Nelson, 38 La.Ann. 942, 58 Am.Rep. 202; see, also, State v. Scott, 39 La.Ann. 943, 3 So. 83. In the Davis case we said: “The illegal carrying of a weapon as pertinent here is defined in Section 1 of Article 95 of the Criminal Code [now LSA-R.S. 14:95] to be ‘The intentional concealment of any firearm, or other instrumentality customarily used as a dangerous weapon, on one’s person.’ It will be noted that the gravamen of the offense is the concealment on one’s person of an instrumentality customarily used as a dangerous weapon, and not the carrying of an instrument which might be so used.” 214 La. at page 887, 39 So.2d at page 164.

For the reasons assigned, the conviction and sentence of relator, Romalis Pye, are annulled and set aside, and he is ordered discharged.

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FOURNET, Chief Justice.

We granted certiorari in this case on relator’s showing that he was convicted under LSA-R.S. 14:95 and sentenced to serve six months in the Parish prison on a bill of information charging him with having “concealed on his person a certain dangerous weapon, to-wit, pocket knife” — in direct conflict with the jurisprudence of this State. State v. Davis, 214 La. 885, 39 So.2d 164; State v. Nelson, 38 La.Ann. 942, 58 Am.Rep. 202; see, also, State v. Scott, 39 La.Ann. 943, 3 So. 83. In the Davis case we said: “The illegal carrying of a weapon as pertinent here is defined in Section 1 of Article 95 of the Criminal Code [now LSA-R.S. 14:95] to be ‘The intentional concealment of any firearm, or other instrumentality customarily used as a dangerous weapon, on one’s person.’ It will be noted that the gravamen of the offense is the concealment on one’s person of an instrumentality customarily used as a dangerous weapon, and not the carrying of an instrument which might be so used.” 214 La. at page 887, 39 So.2d at page 164.

For the reasons assigned, the conviction and sentence of relator, Romalis Pye, are annulled and set aside, and he is ordered discharged.

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72 So. 2d 879, 225 La. 365, 1954 La. LEXIS 1226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pye-la-1954.

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