People v. Panitz

Dore, J. (dissenting).

There was no proof of an intent to use unlawfully the old-fashioned French sword or bayonet found in defendant’s car. There was a strike, but there is no evidence or even claim of violence or threats of violence. Defendant, who was in the front of the automobile, did not leave the car; the antique bayonet was found in its scabbard lying on the floor of the rumble seat. Defendant’s explanation at the trial was entirely plausible. Neither defendant nor his companions had committed any illegal act whatever. There is nothing from which an inference of intent to use…