114 Ga. 60 | Ga. | 1901
The accused was tried upon an accusation charging him with having and carrying about his person a concealed pistol. It appears from the evidence that at the time the pistol was carried in the manner just referred to the accused was in his own home. The court charged the jury “that a man has no right to carry a pistol in the manner prohibited by law, that is, concealed on his person, even though he might be carrying the same for the purpose of defending and protecting his own home, his person, or his property, and might be at the time he so carried it in his own house or home.” Upon this' charge there is a general assignment of error, and it was argued here by counsel for plaintiff in error that the charge was erroneous for two reasons: first, because the statute prohibiting the carrying of concealed weapons did not apply when a man was in his own home; and, second, that if the statute could be properly so construed, it was to that extent unconstitutional.
Judgment affirmed.