[ Back | Home ]
[Cite as Commonwealth v. Walker, 7 Ky. L. Rptr. 218 (1885). NOTE: The heading information below comes from p. 215.]
ABSTRACTS OF CASES
Not to be reported in full--Alphabetically arranged according to their subject-matters.
2. Carrying concealed weapon--Appellee being in his own house in his shirtsleeves asked for his pistol; his wife brought him his coat. He put it on, put his hand in his coat pocket, pulled out a pistol and ordered a constable who had come to arrest him to leave. Upon this evidence, under an indictment for carrying concealed deadly weapon, the court instructed the jury to find the defendant not guilty.(p.219)
Held--That this was error. The word "carry" in the statute does not imply locomotion; it is a synonym of "bear." Nor does the statute contain an exception permitting one to have a deadly weapon concealed upon or about his person while in his own house; nor does the constitutional sacredness of home require such an exception. Commonwealth v. Walker. September 11, 1885. Hardin Cir. Ct. Opin. by Bowden, J., Sup. Ct., rev. P.W. Hardin for appellant.