Commonwealth v. Gee

Decided September 8, 1880

Court of Appeals of Kentucky · decided 1880-09-08

[Abstract Kentucky Law Reporter, Yol. 1 — 281.] Criminal Law — Concealed Weapons. Where in an indictment it is charged that one is guilty of “carrying concealed a deadly -,” the omission of the word “weapon” will not render the indictment bad. The context unmistakably indicates the word omitted, and enables the court to supply it with certainty.

Cited by 1 later decisions — most recently June 1968

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-09-08

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¶1Opinion by

Judge Coeer :

¶2The omission of the word “weapon” did not render the indictment bad. It is alleged that the offense charged was committed by carrying concealed upon and about his person a deadly weapon. This was sufficient for all purposes. Besides this, the word “weapon” should be supplied. The words, “the offense of carrying concealed a deadly-,” unmistakably indicate the omitted word, and enable the court to supply it with absolute certainty.

¶3Wherefore the judgment is reversed and the cause remanded with directions to overrule the demurrer.