Legal Opinion · Dissent

A.P.E. v. People

Supreme Court of Colorado

Decided March 26, 2001No. 99SC392Published

1DissentJustice Kourlis

The majority holds that the prosecution must prove that the defendant intended to use the knife he was concealing in his pants as a weapon in order to be convicted for unlawfully carrying a concealed weapon. I respectfully dissent.

I

The statute at issue is section 18-12, 101(1)(f), 6 C.R.S. (2000), defining a knife as "any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or *1187tearing wounds." The majority reads the statute to mean that, by specifically referring to blades longer than…

2Cases cited23 opinions

  1. People v. RubalcavaCalifornia Supreme Court · 2000
  2. People v. HickmanSupreme Court of Colorado · 1999
  3. State v. BaldwinSupreme Court of Missouri · 1978
  4. People v. in the Interest of D.F.Supreme Court of Colorado · 1997
  5. Robertson v. City and County of DenverSupreme Court of Colorado · 1994

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