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6 Blackf. 31

State v. Duzan

Indiana Supreme Court

Decided November 15, 1841

Indiana Supreme Court · decided 1841-11-15

<p>Concealed Weapons—Indictment.—An indictment for carrying a pistol concealed, &c., need not state that the pistol was loaded.</p>

Cited by 3 later decisions — most recently June 1933

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-11-15

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Blackford, J.

¶1Indictment. The charge is, that on, &c., at, &c., and on divers other days and times, &c., the defendant did then and there unlawfully carry concealed in his pocket a certain dangerous weapon, viz., a certain pistol, he not being a traveler; contrary to the statute, &c. The Circuit Court, on the defendant’s motion, quashed the indictment.

¶2We think this indictment is good. The objection, that the *34pistol is not stated, to have been loaded, is insufficient. The statute says, “ that every person, &c., who shall wear or carry any dirk, pistol, sword in cane, or other dangerous weapon concealed, shall &c.” Rev. Stat., 1838, p. 217. The statute does not require that the pistol should be loaded.

H. (yNeal, for the State.W. Quarles and C, C. Nave, for the defendant.

¶3*Per Curiam.—The judgment is reversed with costs.

¶4Cause remanded, &c.

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