Usry v. State, 17 Ga. App. 268 (1915)
Syllabus by the Court.
Where the accused had in his manual possession, outside of his own home and place
of business,
a pistol,
and carried it several miles from his home to the place
of business
of another, without having first taken out a license from the ordinary, as
required under the statute (Acts 1910, p. 134), the case was within the
express terms of the act; and it would constitute no defense that he carried
the pistol
from his residence to the store of another solely for the purpose of pawning
it. Cheney
v. State, 10 Ga. App. 451, 73 S. E. 617.
The undisputed evidence, including the defendant's statement, demanded the
verdict returned
*418 by
the jury. This being true, it is unnecessary to pass upon the assignments of
error that the court erred in his charge and in failing to charge as requested
by counsel; for where the verdict returned is demanded by the evidence, and no
other finding would be legal or proper, a new trial will not be granted, no
matter what errors may have been committed.
Error from Superior Court,
Taliaferro County; B. F. Walker, Judge.
Marion Usry was convicted of carrying a pistol
without a license, and brings error. Affirmed.
Russell, C. J., dissenting.
J. A. Beazley and Alvin G. Golucke, both of Crawfordville, for
plaintiff in error.
R. C. Norman, Sol. Gen., of Washington, Ga., for the State.
BROYLES, J.
Judgment affirmed.
RUSSELL, C. J., dissents.