State v. Murphy
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. (1) The allegations in the information are in the language of the statute, and by the provisions of the same statute á pistol is a dangerous and deadly weapon, loaded or unloaded.
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Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. (1) The allegations in the information are in the language of the statute, and by the provisions of the same statute á pistol is a dangerous and deadly weapon, loaded or unloaded. R. S. 1889, sec. 3502; State v. Hoffman, 78 Mo. 256. If it is claimed that the information fails to allege that the pistol was loaded, hence was not dangerous; that is a matter to be determined by proof on trial, but is no objection to the information. State v. Hall, 20 Mo. App. 397; State v. Smith, 24 Mo. App. 413; State v. LarMn, 24 Mo. App. 410.…
1Opinion of the CourtRombauer, P. J.
The defendant was convicted before a justice of the peace upon an information filed ■against him by the prosecuting attorney under the provisions of section 3502 of the Revised Statutes of 1889, which, among other things, prohibits anyone from carrying concealed upon his person any kind of firearms, bowie-knife, dirk, dagger, slung shot or other deadly weapon, and provides that, “if any person shall, in the presence of one or more persons, exhibit any such weapon in a rude, angry or threatening manner,” he ■shall, upon conviction, be punished by a fine or impris■onment or both.
The information…
2Cases cited5 opinions
- State v. FareMissouri Court of Appeals · 1890
- State v. BrinkmanMissouri Court of Appeals · 1890
- State v. EnglandSupreme Court of Missouri · 1854
- State v. SmithMissouri Court of Appeals · 1887
- State v. WalkerMissouri Court of Appeals · 1887
3Cited by4 opinions
- Iroquois Manufacturing Co. v. Annan-Burg Milling Co.Missouri Court of Appeals · 1913
- State v. TaylorMissouri Court of Appeals · 1902
- State v. StockerMissouri Court of Appeals · 1899
- State v. ThayerSupreme Court of Missouri · 1900