State v. Kelly

Decided April 1, 1907

Missouri Court of Appeals · decided 1907-04-01

— Hon. George W. WannemaJcer, Judge. (1) The court erred in refusing the peremptory instruction asked by the defendant for the further reason that the undisputed evidence in this case shows that the defendant had been threatened prior to the time of the alleged carrying said weapon by one Hinton; that Hinton had threatened to shoot him, and Hinton admitted that he had previous.to the time, that he said he was hunting the defendant, threatened to shoot him.

Relies on State v. Casto · State v. McGrath · State v. Venable

Reversed · Decided 1907-04-01

ELLISON, J.

¶1The defendant was convicted of the' offense of carrying concealed weapons on his person in Putnam county.

¶2The record presented here fails to show that the State made any proof of venue and that is fatal to the conviction. [State v. McGrath, 73 Mo. 181; State v. Kindrick, 21 Mo. App. 507.]

¶3So it likewise appears, without contradiction, that defendant’s life was threatened repeatedly and to different persons. It was likewise shown that defendant heard of these threats. The evidence conclusively shows that there was a high state of ill-feeling between defendant and the party threatening him. It seems that a defense was made out. [State v. Venable, 117 Mo. App. 501; State v. Casto, 119 Mo. App. 265.]

¶4The judgment is reversed.

All concur.