State v. Livesay
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court, Hon. M. G. McGregor, Judge. There is no evidence upon which defendant could be convicted. No one testified that he carried the pistol on and about his person, concealed or otherwise, or that it was such a pistol as is described in the indictment. If he did, the evidence of the prosecution shows that he had a lawful excuse or reason to carry the same in the necessary defence of his person.
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Appeal from the Lawrence Circuit Court, Hon. M. G. McGregor, Judge. There is no evidence upon which defendant could be convicted. No one testified that he carried the pistol on and about his person, concealed or otherwise, or that it was such a pistol as is described in the indictment. If he did, the evidence of the prosecution shows that he had a lawful excuse or reason to carry the same in the necessary defence of his person. He was acting purely in self-defence, and was not able to do so successfully without the aid of the pistol. The jury were doubtless misled in. passing upon this…
1Opinion of the CourtThompson, J.
The defendant was indicted under section 1274, Revised Statutes, for carrying, concealed upon and about his person, a certain deadly and dangerous weapon, to-wit, a pistol, commonly called a revolver, convicted and adjudged to pay a fine of one hundred dollars. The only witness for the state testified that he was a barkeeper at the saloon of the Decatur House, in Peirce City; that, about ten o’clock in the evening, William Rex was at the bar drinking, when the defendant came in, passed through the room, went out through the back door and was gone a few moments, when he returned, and, while…
2Cited by5 opinions
- Veney v. StateCourt of Appeals of Maryland · 1962
- State v. BordeauxSupreme Court of Missouri · 1960
- State v. HovisMissouri Court of Appeals · 1909
- State v. DavisMissouri Court of Appeals · 1975
- State v. ReedMissouri Court of Appeals · 1910