State v. Dunn

REINHARD, Judge.

The State appeals the grant of defendant’s motion for a judgment of acquittal notwithstanding the verdict of the jury on a charge of carrying a concealed weapon. We reverse and remand.

Defendant was charged with one count of first degree assault, § 565.050, RSMo 1986, and one count of unlawful use of a weapon (carrying a concealed weapon), § 571.030.1(1), RSMo 1986. Pursuant' to instructions submitted at the State’s request, the jury found defendant guilty of third degree assault and carrying a concealed weapon. The jury recommended sentences of thirty days on the assault…