Marshall v. State

Eberhardt, Presiding Judge.

Defendant was tried and convicted of involuntary manslaughter, carrying a pistol without a license, and carrying a concealed pistol. This appeal followed. Held:

1. The general grounds of the motion for new trial are without merit with respect to the involuntary manslaughter charge. As to the concealed weapon charge, the carrying of a pistol in a pocket of defendant’s pants, the handle of the pistol being visible to some witnesses through a split in defendant’s shirt but not seen by others, does not meet the requirement of Criminal Code, § 26-2901 that the weapon be…