State v. Pye

FOURNET, Chief Justice. We granted certiorari in this case on relator’s showing that he was convicted under LSA-R.S. 14:95 and sentenced to serve six months in the Parish prison on a bill of information charging him with having “concealed on his person a certain dangerous weapon, to-wit, pocket knife” — in direct conflict with the jurisprudence of this State. State v. Davis, 214 La. 885 , 39 So.2d 164 ; State v. Nelson, 38 La.Ann. 942 , 58 Am.Rep. 202 ; see, also, State v. Scott, 39 La.Ann. 943 , 3 So. 83 . In the Davis case we said: “The illegal carrying of a weapon as pertinent here is defined in Section 1 of Article 95 of the Criminal Code [now LSA-R.S. 14:95] to be ‘The intentional concealment of any firearm, or other instrumentality customarily used as a dangerous weapon, on one’s person.’ It will be noted that the gravamen of the offense is the concealment on one’s person of an instrumentality customarily used as a dangerous weapon, and not the carrying of an instrument which might be so used.” 214 La. at page 887 , 39 So.2d at page 164 . For the reasons assigned, the conviction and sentence of relator, Romalis Pye, are annulled and set aside, and he is ordered discharged.