{
  "id": 8698724,
  "name": "STATE v. JESSE HEWELL",
  "name_abbreviation": "State v. Hewell",
  "decision_date": "1884-02",
  "docket_number": "",
  "first_page": "705",
  "last_page": "707",
  "citations": [
    {
      "type": "official",
      "cite": "90 N.C. 705"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "80 N. C., 351",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8693629
      ],
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        "/nc/80/0351-01"
      ]
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    {
      "cite": "80 N. C., 351",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8693629
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      "case_paths": [
        "/nc/80/0351-01"
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  "last_updated": "2023-07-14T20:11:38.032493+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JESSE HEWELL."
    ],
    "opinions": [
      {
        "text": "Ashe, J.\nThe defendant 'was indicted under the act of 1879, oh. 127, the first section of which declares it \u201cshall be unlawful for any person in this state, except when upon his own premises, to carry concealed about his person any pistol, bowie-knife, dirk, dagger, slung-shot, loaded cane, brass or metallic knuckles, or other deadly weapon of like kind.\u201d And the third section provides that \u201cany person being off his own premises and having on his person any deadly weapon described in section one, such possession shall be prima faoie evidence of the concealment thereof.\u201d\nAccording to the finding of the jury, the defendant was not guilty of a violation of this. act.\nThe public road, in which the defendant was seen with the postol, was a road running over the land of his father.\nThe fact that a public road is laid off on a man\u2019s land does not deprive him of the freehold of the land covered by the road. His title continues in the soil, and the public acquire only an casement, that is, the right of passing and repassing along it. State v. Davis, 80 N. C., 351; Dovaston v. Payne, 2 Smith, L. C., 90. The father certainly could not be indicted for carrying a pistol on the road over his own land, because it is on his own premises; and the son being a minor and living with his father as a member of his family, is in contemplation of law not off his own premises when on his father's land, where he has a right to be.\nThere is no error. Let this be certified to the superior court of Mitchell county that the defendant may have his discharge.\nNo error. Affirmed.",
        "type": "majority",
        "author": "Ashe, J."
      }
    ],
    "attorneys": [
      "Attorney-General, for the State.",
      "No counsel for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JESSE HEWELL.\nPuMie Road \u2014 Easement\u2014Concealed Weapon.\n1. The laying oil' a highway over one\u2019s land does not deprive him of the freehold covered by the road. The public acquire only an easement \u2014 the right to pass and repass.\n2. On trial of an indictment for carrying a concealed weapon off the defendant\u2019s own premises, the jury found specially that defendant, a minor, was seen with a pistol in a public road which ran over his father\u2019s land, and the judge ruled he was not guilty ; Held, no error. In contemplation of law the son was not off his own premises.\n(State v. Davis, 80 N. C., 351, cited and approved).\nINDICTMENT for carrying concealed weapon, tried at Fail Term, 1883, of Mitchell Superior Court, before Graves, J.\nThe indictment was found at spring term, 1883, as fellows: \u201c The jurors for the state upon their oaths present, \u00a1hat Jesse Howell, late of the county of Mitchell, on the first clay of March, 1883, with force and arms at and in the county aforesaid, unlawfully and wilfully, and not on his own premises, did carry concealed about his person a certain pistol, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.\u201d\nThe defendant pleaded not guilty and the jury returned the following special verdict: ' \u201cThat the said Jesse ITewell was in the public road with a pistol; that the road was over the land of the defendant\u2019s father; and that the defendant was a minor living with his father.\u201d Upon .this finding, the court held that the defendant was not guilty, and the state solicitor appealed.\nAttorney-General, for the State.\nNo counsel for the defendant."
  },
  "file_name": "0705-01",
  "first_page_order": 721,
  "last_page_order": 723
}