State v. Quaite
Missouri Court of Appeals
Appeal from the Cass Circuit Court, Hon. Noah M. GI-ivan, Judge. The case is sufficiently stated in the opinion of the court. I. It is not disputed that defendant had, and carried' for a time, a concealed weapon. But the right to defend one’s person is a natural and fundamental right, and the right to bear’ arms in defence of one’s home., person and property, concealed or not concealed, is a constitutional right. Const.
Read the full summary
Appeal from the Cass Circuit Court, Hon. Noah M. GI-ivan, Judge. The case is sufficiently stated in the opinion of the court. I. It is not disputed that defendant had, and carried' for a time, a concealed weapon. But the right to defend one’s person is a natural and fundamental right, and the right to bear’ arms in defence of one’s home., person and property, concealed or not concealed, is a constitutional right. Const. Mo. 1875, art. 2, sect. 17. Nor has there been any attempt of the legislature to take it away in the revision of the statutes of 1879, or since. II. Section 1274, of the…
1Opinion of the CourtHale, J.
The defendant was indicted for carrying a concealed weapon upon his person at the county of Cass. The evidence tended to show the commission of the alleged offence at the town of Freeman. There was no other proof of the venue.
The judgment in a criminal case must be reversed when the bill of exceptions fads- to show that the venue, as laid in the indictment, was, directly or indirectly, proved. State v. Hughes, 82 Mo. 88; State v. Apperger, 80 Mo. 174; State v. Wheeler, 79 Mo. 366; State v. Babb, *40876 Mo. 503; State v. Inman, 76 Mo. 548; State v. Hartnett, 75 Mo. 251; State v. Burgess, 75 Mo. 541;…
2Cases cited6 opinions
- State v. HughesSupreme Court of Missouri · 1884
- State v. HartnettSupreme Court of Missouri · 1881
- State v. WheelerSupreme Court of Missouri · 1883
- State v. BurgessSupreme Court of Missouri · 1882
- State v. MeyerSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. DimmickSupreme Court of Missouri · 1932
- State v. First Nat. BankSouth Dakota Supreme Court · 1892
- State v. KenyonSupreme Court of Missouri · 1939