Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lewis v. State

The defendant retained possession of a pair of scissors, which were issued to him for the sole purpose of cutting his hair, and hid them in his cell in violation of jail policy.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Walter Lewis was found guilty by a jury of the offense of possession of a dangerous weapon a pair of scissors while he was an inmate in the Twiggs County Jail, in violation of OCGA § 42-4-13 b 1. We find no error and affirm. 1. Pursuant to jail policy explained to inmates in a jail handbook, Lewis was issued personal hygiene items, which included scissors to be used by inmates to cut their hair. The policy required that inmates use the scissors for that purpose and then return the scissors to a jail officer. In violation of the jail policy, Lewis retained the scissors, took them back to his jail cell, and hid the scissors in his cell, where they were subsequently found by a jail officer.

Under OCGA § 42-4-13 b 1, “it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon. . . .” The scissors did not constitute a dangerous weapon under the statute as long as Lewis lawfully possessed and used the scissors pursuant to the jail policy. The evidence showed, however, that Lewis retained possession of the scissors in violation of the jail policy. Whether at that point the scissors constituted a dangerous weapon under the statute was an issue for the jury. Stone v. State , 236 Ga. App. 365, 366 511 SE2d 915 1999. Contrary to Lewis’s contention, the evidence was sufficient for the jury to find beyond a reasonable doubt that he violated OCGA § 42-4-13 b 1 by having possession of a dangerous weapon while an inmate at the jail. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Bank & Capital Markets Tax Institute (BTI) 2024
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Go to Events Go to Webcasts
ENTREPRENEURIAL TAX ASSOCIATE (Charleston, SC; no billable hour requirement; non-remote)

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Associate Attorney(s)

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›
Go to Lawjobs