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[Cite as Hayes v. State, 28 Ga. App. 67, 110
S.E. 320 (1922).]
13026. Hayes v. The
Broyles, C. J. it was not
a violation of the act of 1910, penalizing the carrying of a pistol on or about
one's person, or having a pistol in his manual possession outside of his own
home or place of business ( Park's Ann. Code, Vol. 6, § 348
(a) ), for the owner of a pistol, while driving a horse and buggy, to have
the pistol under the seat of the buggy where it was not in contact with his
hands or any other portion of his person. Under this ruling the defendant's
conviction was unauthorized by the evidence, and the court erred in overruling
the motion for a new trial.
Judgment reversed. Luke and Blood worth, JJ.,
Decided January 17,
Accusation of carrying pistol without license; from
city court of Fort Gaines--Judge Turnipseed. October 10, 1921.
The sheriff testified that the pistol was found in the pocket of a
coat which was rolled up and was under and near the front of a seat in the
defendant's buggy, which the defendant had just left at a livery stable, and
that the defendant said that the coat was his coat and the pistol was his
E. R. King, for plaintiff in error.
P. C. King, solicitor, contra.