Wednesday, February 22, 2012

US vs. Samson, July 27, 1910

Facts: On July 9, 1908, Ricardo Samson was walking through the streets of Nueva Ecija with a shotgun and nine cartridges in his custody. The gun and the ammunition were seized by municipal policemen. Defendant was sentenced to pay a fine of Php50 or to subsidiary imprisonment, in case of insolvency, at the rate of one day each for Php2.50. It was proven that the defendant, Samson was carrying a shotgun which belonged to Pablo Padilla. Padilla had a proper permit to possess a firearm and that the defendant was authorized by Padilla to carry the gun to the place where they will meet to hunt. 

Issue: Whether or not carrying a gun by order of the owner constitutes illegal possession of firearms. 

Held: The court ruled that carrying a gun by order of the owner does not constitute illegal possession of firearms. The custody which the defendant Samson had of the arm was not with the intention of possessing it.

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