State v. Nieto
Ohio Supreme Court
Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Stark county. At the January term, 1920, of the court of common pleas of Stark county, Mike Nieto was indicted and tried for the crime of carrying concealed weapons, as ■ defined by Section 12819, General Code, the indictment charging that he did on or about the 26th day of December, 1919, unlawfully and feloniously “carry concealed on and about his person a certain dangerous weapon,…
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Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of Stark county. At the January term, 1920, of the court of common pleas of Stark county, Mike Nieto was indicted and tried for the crime of carrying concealed weapons, as ■ defined by Section 12819, General Code, the indictment charging that he did on or about the 26th day of December, 1919, unlawfully and feloniously “carry concealed on and about his person a certain dangerous weapon, to-wit, a revolver.” The verdict of the jury was “Not guilty.” There were but three witnesses testifying at the trial, two…
1Opinion of the CourtAvery, J.
There is no doubt in our minds that the court of common pleas erred in its charge to the jury in this case, in the respect excepted to by the prosecuting attorney.
Section 12819, General Code, since its amendment in 1917 (107 O. L., 28), reads as follows:
“Whoever carries a pistol, bowie knife, dirk, or other dangerous weapon concealed on or about his person shall be fined not to exceed five hundred dollars, or imprisoned in the county jail or workhouse not less than thirty days nor more than six moriths, or imprisoned in the penitentiary not less than one year nor more than three years.…
2Cases cited9 opinions
- English v. StateTexas Supreme Court · 1872
- City of Salina v. BlaksleySupreme Court of Kansas · 1905
- Brown v. StateSupreme Court of Georgia · 1901
- State v. . TerrySupreme Court of North Carolina · 1885
- Owen v. StateSupreme Court of Alabama · 1858
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