State v. Venable
Missouri Court of Appeals
Appeal from Harrison Circuit Court . — Hon. George W. WannemaMr, Judge. (1) There is no evidence to sustain the verdict in this case. The rule in such cases is, that there must have been a concealment of the weapon, and this was not proved by the State beyond a reasonable doubt. 2 Wharton’s Criminal Law, sec. 1557; Ridentur v. State, 65 Ind. 411; Smith v. State, 69 Ind. 140; State v. Hale, 70-Mo.
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Appeal from Harrison Circuit Court . — Hon. George W. WannemaMr, Judge. (1) There is no evidence to sustain the verdict in this case. The rule in such cases is, that there must have been a concealment of the weapon, and this was not proved by the State beyond a reasonable doubt. 2 Wharton’s Criminal Law, sec. 1557; Ridentur v. State, 65 Ind. 411; Smith v. State, 69 Ind. 140; State v. Hale, 70-Mo. App. 145; State v.'Ballard, 104 Mo. 684. (2) Where there is a failure of evidence, or it is so weak that the necessary inference is that the jury acted from passion, prejudice or partiality,…
1Opinion of the CourtEllison, J.
The defendant was charged under section 1862, Revised Statutes 1899, in an information, with carrying concealed weapons, a revolver. He was convicted in the trial court.
*504I. Among other defenses was that the prosecuting witness had threatened the life of defendant and that in consequence he had a right, under section 1863 of the statute, to carry the revolver. There was evidence tending to sustain the defense. Yet the court gave an instruction for the State peremptorily directing the jury to find defendant guilty if they believed he carried the concealed weapon; wholly ignoring his defense of…
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