Legal Opinion

State v. Riles

Supreme Court of Missouri

Decided June 3, 1918PublishedCited by 18 opinions

Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1)The evidence was sufficient to sustain the verdict and this court has held that such verdict will not be disturbed. State v. Maurer, 255 Mo. 168 ; State v. Barton, 214 Mo. 321; State v. Chenaúlt, 212 Mo. 137. (2) A pistol is a firearm within the meaning of the statute, even though same may be unloaded.

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Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1)The evidence was sufficient to sustain the verdict and this court has held that such verdict will not be disturbed. State v. Maurer, 255 Mo. 168 ; State v. Barton, 214 Mo. 321; State v. Chenaúlt, 212 Mo. 137. (2) A pistol is a firearm within the meaning of the statute, even though same may be unloaded. But, under the evidence in this case, even though the aforesaid statement were not true, still the appellant would be guilty for the reason that it is shown conclusively that the appellant had cartridges for said pistol…

1Opinion of the Court

FARIS, J.-

-Defendant was convicted in the circuit court of Pemiscot County upon the charge of having in his possession when intoxicated a dangerous and deadly weapon. He was prosecuted by indictment, which indictment, in addition to the count charging him as above, also in the first count thereof charged him with carrying a concealed weapon. He was convicted on.the second count only, and his punishment assessed at a fine of one hundred dollar^. From this conviction and the judgment bottomed thereon, he has appealed.

Since one of the most serious and strenuous contentions urged is that there…

2Cases cited8 opinions

  1. State v. PattonSupreme Court of Missouri · 1914
  2. Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1896
  3. State v. HarrisonSupreme Court of Missouri · 1915
  4. Redus v. StateSupreme Court of Alabama · 1886
  5. State v. BollisMississippi Supreme Court · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. GregorySupreme Court of Missouri · 1936
  2. Higday v. NickolausMissouri Court of Appeals · 1971
  3. State v. KinneSupreme Court of Missouri · 1963
  4. Selden, Admr. v. Metro. Life Ins. Co.Superior Court of Pennsylvania · 1945
  5. State v. TrusterSupreme Court of Missouri · 1960

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