Lewallen v. State

Decided September 15, 1923

Tennessee Supreme Court · decided 1923-09-15

1. WEAPONS. Taking and. presenting pistol held to sustain conviction for carrying. Where defendant, when caught operating a still, reached over a nearby log, secured a pistol, and presented it in a threatening manner, held, that there was a sufficient carrying of a pistol for the purpose of being armed to sustain a conviction. (Post. p. 327.) Case cited and approved: Page v. State, 50 Tenn., 199. 2. WEAPONS. Instruction that ownership of pistol had nothing to do with guilt in carrying it held proper. In a prosecution for unlawfully carrying a pistol, an instruction that the ownership of the pistol had nothing to do with defendant’s guilt held proper. (Post, p. 327.)

Decided 1923-09-15

Me. Justice Chambliss

¶1delivered the opinion of the Court.

¶2This was a conviction under an indictment for unlawfully carrying a pistol. It appears that an officer came upon the defendant while operating a still, and the defendant reached over to a nearby log and secured a pistol and presented it in a threatening manner to the officer. This was a carrying of a. pistol for the purpose of being armed and brings the case within the statute. Page v. State, 3 Heisk., 199, note.

¶3It is assigned as error that the judge in his charge instructed the jury that the ownership of the pistol had nothing to do with the question , of the defendant's guilt. There was no error in this instruction, as the question of ownership has no bearing.

¶4The j udgment below is affirmed.