State v. Gainey

In State v. Gainey, 273 N.C. 620, 622, 160 S.E.2d 685, 686 (1968) one of three defendants, Ford, was convicted of carrying a concealed weapon when "he was in the driver's seat" and the weapon "was under the back seat." Id. at 623, 160 S.E.2d at 686-87. The Court found there was insufficient evidence to convict Ford and reversed his conviction and judgment because the language is not "concealed on his person," but "concealed about his person"; that is, concealed near, in close proximity to him, and within his convenient control and easy reach, so that he could promptly use it, if prompted to do so by any violent motive. It makes no difference how it is concealed, so it is on or near to and within the reach and control of the person charged. Id. at 623, 160 S.E.2d at 687 (quoting State v. McManus, 89 N.C. 555 (1883)).