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73 Tenn. 348

Moorefield v. State

Tennessee Supreme Court

Decided September 15, 1880

Tennessee Supreme Court · decided 1880-09-15

<p>Cbiminai, Law. Arms. When a person borrows a pistol for the purpose of joining in a chase for a bear, returning the pistol soon after the return from the chase, he is not guilty of going armed in the sense of the law.</p>

Cited by 1 later decisions — most recently December 1960

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-09-15

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Freeman, J.,

¶1delivered the opinion of the court.

¶2This is an indictment for unlawfully carrying a pistol. Defendant was convicted, and appealed to this court.

¶3The facts are, that a man had been up on the »mountain hard by, and came back, reporting he had been chasing and fighting a bear. Thereupon, says a witness, a crowd started off to hunt the animal. All the fire-arms to be had were hastily gathered for this purpose. Defendant borrowed a pistol of one of the witnesses and went with them. When the hunt was over he returned the pistol, probably in a few hours. We hold that this is not a case within the mischief of the statute; that the intent to carry the pistol for *349evil purposes, or for the purpose of beiug armed, in the sense of the statute, is clearly negatived, and the motive an innocent one. The object of the statute, as we have- before said, is to prevent carrying a pistol with a view of being armed and ready for offense or defense in case of conflict with a citizen, or wantonly to go armed.

¶4Reverse the judgment.

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