People v. Derry

On June 10, 1968, defendant was arrested and charged with felonious assault1 and carrying a concealed weapon.2 Although defendant was acquitted on the assault charge, he was convicted on the charge of carrying a concealed weapon and from this conviction he appeals.

The complainant testified that, subsequent to a violent argument between defendant and himself, the defendant opened the trunk of his car, took out a handgun, and told him to leave. It was then that the complainant walked to a nearby telephone booth and notified the police concerning the gun and the assault. Defendant pursued the…