State v. Reagan
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. JoM W. Calhoun, Judge. (1) Instruction 2 is erroneous because the court should, have instructed the jury that if they believed from the evidence defendant did not intend to carry the weapon concealed, then they should acquit the defendant. (2) The evidence on behalf of the State proved that defendant did not intend to carry the revolver concealed.
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Appeal from St. Louis City Circuit Court. — Hon. JoM W. Calhoun, Judge. (1) Instruction 2 is erroneous because the court should, have instructed the jury that if they believed from the evidence defendant did not intend to carry the weapon concealed, then they should acquit the defendant. (2) The evidence on behalf of the State proved that defendant did not intend to carry the revolver concealed. State v. Carter, 1,68 S. R. 681. (3) In most of the states it devolves upon the accused to show as a matter of defense that he comes within one of the exceptions created by the statute prohibiting the…
1Opinion of the Court
The defendant was informed against by the Circuit Attorney at the February term, 1918, of the Circuit Court of the City of St. Louis, upon a charge of having unlawfully and feloniously carried concealed about his person a dangerous and deadly weapon, to-wit, one revolving pistol, loaded with gun-powder and leaden ball, contrary to the statute and against the peace and dignity of the State. On May 27, 1918, the defendant was duly arraigned, in Judge Calhoun's division of said court, and entered his plea to said charge of not guilty. Upon trial of said charge before a jury of twelve men, which…
2Cases cited3 opinions
- State v. MasseySupreme Court of Missouri · 1918
- State v. RaderSupreme Court of Missouri · 1914
- State v. CummingsSupreme Court of Missouri · 1907
3Cited by2 opinions
- State v. TiptonSupreme Court of Missouri · 1925
- State v. CarollaSupreme Court of Missouri · 1926