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Joseph v. State

District Court of Appeal of Florida, Fourth District
May 25, 2011
63 So. 3d 776 (Fla. Dist. Ct. App. 2011)

Summary

In Danal v. State, 14 Ala. App. 97, 71 So. 976, it was said: "The word, 'carry' as used (in the statute) prohibiting the carrying of a pistol, means the bearing of arms * * *. One may 'carry' or bear arms on his person 'without moving out of his tracks'; it does not necessarily import or imply the idea of locomotion."

Summary of this case from Mosely v. Commonwealth

Opinion

No. 4D10-1983.

May 25, 2011.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case Nos. 2008CF016696AXX, 2008CF015147AXX and 2008CF015146AXX.

Carey Haughwout, Public Defender, and Tom Wm. Odom, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


Affirmed.

GROSS, C.J., HAZOURI and CIKLIN, JJ., concur.

Not final until disposition of timely filed motion for rehearing.


Summaries of

Joseph v. State

District Court of Appeal of Florida, Fourth District
May 25, 2011
63 So. 3d 776 (Fla. Dist. Ct. App. 2011)

In Danal v. State, 14 Ala. App. 97, 71 So. 976, it was said: "The word, 'carry' as used (in the statute) prohibiting the carrying of a pistol, means the bearing of arms * * *. One may 'carry' or bear arms on his person 'without moving out of his tracks'; it does not necessarily import or imply the idea of locomotion."

Summary of this case from Mosely v. Commonwealth
Case details for

Joseph v. State

Case Details

Full title:DANAL JOSEPH, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 25, 2011

Citations

63 So. 3d 776 (Fla. Dist. Ct. App. 2011)

Citing Cases

Mosely v. Commonwealth

The word has been so defined in other states. In Danal v. State, 14 Ala. App. 97, 71 So. 976, it was said:…

Commonwealth v. Festa

"Carry" has been defined as "To have or bear upon or about one's person, as a watch or weapon; — locomotion…