State v. Conley
Supreme Court of Missouri
Appeal form Adair Circuit Court. — Hon. James A. Cooley, Judge. (1) If the defendant did not have the pistol about his person, especially if he did not have it concealed, he could not he gpilty as charged.. Sec. 4496, R. S. 1909; State v. Hale, 170 Mo. App. 143; 2 Whartons Criminal Law, seo. 1557; Bidentur v. State, 65' Ind. 411; Smith v. State, 69' Ind. 140'. (2) The court erred in that he did not instruct on all the law of the case.
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Appeal form Adair Circuit Court. — Hon. James A. Cooley, Judge. (1) If the defendant did not have the pistol about his person, especially if he did not have it concealed, he could not he gpilty as charged.. Sec. 4496, R. S. 1909; State v. Hale, 170 Mo. App. 143; 2 Whartons Criminal Law, seo. 1557; Bidentur v. State, 65' Ind. 411; Smith v. State, 69' Ind. 140'. (2) The court erred in that he did not instruct on all the law of the case. The court failed to instruct on the question of the intent with which the pistol was carried. Intent is the gist of the crime, and there was no instruction on…
1Opinion of the CourtWalker, J.
Appellant was charged by information in the Circuit Court of Adair County with carrying concealed weapons in violation of Section 4496, Revised Statutes 1909. Upon a trial he was convicted and sentenced to pay a fine of one hundred dollars. From this judgment he appeals.
Appellant was a huckster or vender of vegetables in the City of Kirksville. While plying his vocation he was approached in a threatening manner by one Kephart. Appellant rose from the seat on the wagon on which he had been sitting and drawing a pistol, either from the seat or his pocket, he shot Kephart in one of his legs.
The…
2Cases cited2 opinions
- State v. . McManusSupreme Court of North Carolina · 1883
- State v. CarterSupreme Court of Missouri · 1914
3Cited by17 opinions
- State v. HolbertSupreme Court of Missouri · 1967
- State v. BordeauxSupreme Court of Missouri · 1960
- State v. AchterMissouri Court of Appeals · 1974
- State v. JordanMissouri Court of Appeals · 1973
- State v. TillmanSupreme Court of Missouri · 1970
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