People v. Padilla

A pistol was taken from the appellant herein, which he had in his hands while engaged in a fight with other persons. This constitutes a sufficient carrying of a weapon without the necessity of proving that he was also carrying it previous to that moment.

Said pistol had no cartridges nor the magazine containing them: it was unloaded. For this reason the appellant maintains that it was not a weapon prohibited by law, since it could not he used as a pistol. Therefore, the question for *265decision is whether a person who carries a pistol or revolver which is unloaded commits the offense of carrying…