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State v. Weston

Supreme Court of South Carolina
Jan 19, 1918
108 S.C. 383 (S.C. 1918)

Summary

holding that pistol placed in a satchel or suitcase does not constitute "carrying an unlawful weapon"

Summary of this case from State v. Grandberry

Opinion

9858

January 19, 1918.

Before DeVORE, J., Richland, Spring term, 1917. Reversed.

Robert Weston was convicted of carrying an unlawful weapon, and he appeals.

Mr. Paul A. Cooper, for appellant, cites: 16 S.C. 187.

Solicitor W.H. Cobb, for State.


January 19, 1918. The opinion of the Court was delivered by


The defendant was tried, convicted, and sentenced in the magistrate's Court under a warrant charging him with carrying an unlawful weapon in violation of section 157 of the Criminal Code. Defendant appealed to Circuit Court and the judgment of the magistrate's Court was affirmed, and an appeal taken to this Court.

The appeal must be sustained. The evidence shows that the defendant did not carry about his person, either concealed or unconcealed, the pistol, but that the pistol was taken about and placed in his satchel or suit case. There is an entire failure on the part of the evidence adduced to convict the defendant of the charge made against him, and the judgment is reversed.

Judgment reversed.


Summaries of

State v. Weston

Supreme Court of South Carolina
Jan 19, 1918
108 S.C. 383 (S.C. 1918)

holding that pistol placed in a satchel or suitcase does not constitute "carrying an unlawful weapon"

Summary of this case from State v. Grandberry
Case details for

State v. Weston

Case Details

Full title:STATE v. WESTON

Court:Supreme Court of South Carolina

Date published: Jan 19, 1918

Citations

108 S.C. 383 (S.C. 1918)
94 S.E. 871

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