People v. Butler

Belton Butler was convicted of carrying a concealed weapon.1 The people’s evidence tended to show that he was riding in an automobile in which a revolver was found. The judge, in instructing the jury, stated the pertinent language of the statute making it an offense to "carry a pistol whether concealed or otherwise, in a vehicle operated or occupied by” the defendant. He said that the elements of the offense were that there was a pistol in the automobile, that Butler owned or operated the automobile, and, that he knew that the weapon was in the automobile. He did not, however, instruct that…