State v. Hovis
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — Ron. Jos. J: Williams, Judge. Statement. — The defendant was proceeded against on information for carrying concealed upon and about Ms person a “dangerous and deadly weapon, to-wit: a pistol, in violation of section 1862, Revised Statutes • 1899. ’ ’ His trial was before the court and a jury • be was found guilty, Ms fine assessed at the sum of fifty dollars aud judgment went accordingly. Prom this defendant has appealed.
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Appeal from Wayne Circuit Court. — Ron. Jos. J: Williams, Judge. Statement. — The defendant was proceeded against on information for carrying concealed upon and about Ms person a “dangerous and deadly weapon, to-wit: a pistol, in violation of section 1862, Revised Statutes • 1899. ’ ’ His trial was before the court and a jury • be was found guilty, Ms fine assessed at the sum of fifty dollars aud judgment went accordingly. Prom this defendant has appealed. Defendant, testifying in his own behalf, said that on the 'day on which he was carrying the pistol he had it in his right hip pocket with…
1Opinion of the CourtReynolds, J.
(after stating the facts). — This is very evident that the learned circuit judge tried this case on the theory that section 1862, Revised Statutes 1899, made it unlawful for defendant “to carry concealed upon or about his person any deadly or dangerous weapon,” and that it was unlawful for him to do so unless he came within the exceptions contained in section 1863. There was no substantial evidence bringing this defendant within the exceptions contained in the latter section, and the determination of this *546case, therefore, turns upon the correctness of the ruling of the trial court in…
2Cases cited4 opinions
- State v. LarkinMissouri Court of Appeals · 1887
- State v. RobertsMissouri Court of Appeals · 1890
- State v. MurrayMissouri Court of Appeals · 1890
- State v. LivesayMissouri Court of Appeals · 1888
3Cited by12 opinions
- State v. HolbertSupreme Court of Missouri · 1967
- State v. JordanMissouri Court of Appeals · 1973
- State v. JonesMissouri Court of Appeals · 1975
- State v. CarterSupreme Court of Missouri · 1914
- State v. LassleySupreme Court of Kansas · 1976
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