Sutherland v. Commonwealth - 109 Va. 834, 65 S.E. 15 (1909)

Rule:

For purposes of 1908 Va. Acts p. 381, "about the person" must mean that the pistol is so connected with the person as to be readily accessible for use or surprise if desired. A pistol in a scabbard and in a pair of saddle-bags with the lids down, though the saddle-bags be in the hand, does not fall within the language of 1908 Va. Acts p. 381.

Facts:

The evidence showed that defendant placed a pistol that was encased in its scabbard into a pair of saddle-bags, that he pulled the lids of the saddle-bags down, hiding the pistol from view, and that he carried the saddle-bags in his hand down a road. Defendant was found guilty of unlawfully carrying about his person a pistol that was concealed from common observation in violation of 1908 Va. Acts p. 381. Defendant appealed. 

Issue:

By carrying the saddle-bags containing pistol inside in his hand, did the defendant violate 1908 Va. Acts p. 381? 

Answer:

No.

Conclusion:

In reversing defendant's conviction, the court found that defendant did not violate the Act by carrying in his hand a pair of saddle-bags containing a pistol, which was hidden from common observation. The Act had to be construed strictly against the State and favorably to the liberty of the citizen because it was a penal statute. The purpose of the Act was to interdict the practice of carrying a deadly weapon about the person, concealed, and yet so accessible as to afford prompt and immediate use. A pistol in a scabbard and in a pair of saddle-bags with the lids down, though the saddle-bags be in the hand, did not fall within the language of the Act.