Legal Opinion

State v. Kelly

Missouri Court of Appeals

Decided April 1, 1907Published

Appeal from Putnam Circuit Court. — Hon. George W. WannemaJcer, Judge. (1) The court erred in refusing the peremptory instruction asked by the defendant for the further reason that the undisputed evidence in this case shows that the defendant had been threatened prior to the time of the alleged carrying said weapon by one Hinton; that Hinton had threatened to shoot him, and Hinton admitted that he had previous.to the time, that he said he was hunting the defendant,…

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Appeal from Putnam Circuit Court. — Hon. George W. WannemaJcer, Judge. (1) The court erred in refusing the peremptory instruction asked by the defendant for the further reason that the undisputed evidence in this case shows that the defendant had been threatened prior to the time of the alleged carrying said weapon by one Hinton; that Hinton had threatened to shoot him, and Hinton admitted that he had previous.to the time, that he said he was hunting the defendant, threatened to shoot him. R. S. 1899, sec. 1863. (2) The conviction cannot be sustained in this case for the reason that the venue…

1Opinion of the CourtEllison, J.

The defendant was convicted of the' offense of carrying concealed weapons on his person in Putnam county.

The record presented here fails to show that the State made any proof of venue and that is fatal to the conviction. [State v. McGrath, 73 Mo. 181; State v. Kindrick, 21 Mo. App. 507.]

So it likewise appears, without contradiction, that defendant’s life was threatened repeatedly and to different persons. It was likewise shown that defendant heard of these threats. The evidence conclusively shows that there was a high state of ill-feeling between defendant and the party threatening him. It…

2Cases cited4 opinions

  1. State v. CastoMissouri Court of Appeals · 1906
  2. State v. McGrathSupreme Court of Missouri · 1880
  3. State v. KindrickMissouri Court of Appeals · 1886
  4. State v. VenableMissouri Court of Appeals · 1906

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