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[Cite as Hayes v. State, 28 Ga. App. 67, 110 S.E. 320 (1922).]

13026. Hayes v. The State.

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., concur.

Decided January 17, 1922.

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 pistol.

E. R. King, for plaintiff in error.

P. C. King, solicitor, contra.