State v. Holbert

PRITCHARD, Commissioner.

The determinative issue on this appeal is whether the state adduced sufficient evidence to justify a finding by the court of guilt of the charge against defendant: carrying a concealed weapon in violation of § 564.610, RSMo 1959, V.A.M.S., i. e., “upon or about” his person.

It was stipulated that the testimony of the state’s witness, Officer John Reinhardt, given on a pre-trial motion to suppress evidence (on the ground of an illegal seizure of the weapon involved) would be accepted as a part of the state’s case of carrying a concealed weapon. Officer Reinhardt, a…