People v. Charles

The defendant is charged in a four-count information with a violation of section 1897 of the Penal Law, in that on February 15, 1957, with intent to use the same unlawfully against a person whose name is unknown to the District Attorney, he carried and possessed a .32-caliber pellet gun, which is described as a dangerous and deadly weapon.

The testimony in this case discloses that the defendant had in his possession a pistol capable of discharging pellets. The police officer described the weapon as “ an air pistol ”. No testimony was adduced to indicate that the defendant intended to use the…