Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided November 12, 1968No. 68-267PublishedCited by 5 opinions

1Opinion of the Court

PEARSON, Judge.

Davis appeals from a judgment of conviction of unlawful possession of a pistol by a convicted felon in violation of § 790.23 (1), Fla.Stat., F.S.A.1 He urges us to reverse the judgment because the state did not prove that he violated § 790.23(1), since the record shows conclusively that he was in possession of a revolver, not a pistol.

We hold that the word “pistol” in § .790.23(1) is a generic word which encompasses the entire class of firearms designed either by the manufacturer or the possessor to be held and fired by one hand. See People v. Borgeson, 335 Ill. 136, 166 N.E.…

2Cases cited2 opinions

  1. The People v. BorgesonIllinois Supreme Court · 1929
  2. State v. BarrSupreme Court of Missouri · 1937

3Cited by5 opinions

  1. Bryant v. StateSupreme Court of Florida · 1980
  2. MacHado v. StateDistrict Court of Appeal of Florida · 1978
  3. Rogers v. StateDistrict Court of Appeal of Florida · 1976
  4. State v. NunezDistrict Court of Appeal of Florida · 1979
  5. United States v. Rossahn BlackCourt of Appeals for the Sixth Circuit · 2014

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