People v. Persce

In People v. Persce, 204 NY 397 (1912), the defendant possessed a "slungshot." The Court, in dicta, recognized that the possession of a weapon as part of a criminal act did not mean mere possession. In Persce, the Court mentioned two exceptions: (1) "legal ownership of a weapon in a collection of curious and interesting objects," and (2) possession "which might result temporarily and incidentally from the performance of some lawful act, as disarming a wrongful possessor" ( Persce, id. at 402).