State v. McNary

McNary’s primary contention on appeal is that the trial court erred in denying his motion to dismiss the charge of carrying a concealed weapon, the 9 mm pistol. In connection therewith McNary also contends error on the part of the trial court in admitting that pistol into evidence over an objection that there was no evidence that it was being carried illegally. Only when and because McNary’s motion was denied did his counsel thereafter attempt to form a requested instruction which hopefully would guide the jury from reaching an improper verdict.

The proceedings at the making of McNary’s…