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[Cite as State v. Duzan, 6 Blackf. 31 (Ind. 1841). NOTE: In the margin is printed, "Friday, November 26."]
An indictment for carrying a pistol concealed, &c. need not state that the pistol was loaded.
ERROR to the Boone Circuit Court.
Blackford, J.--Indictment. 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 traveller; contrary to the statute, &c. The Circuit Court, on the defendant's motion, quashed the indictment.
We think this indictment is good. The objection, that the pistol 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.(p.32)
Per Curiam.--The judgment is reversed with costs. Cause remanded, &c.
H. O'Neal, for the state.
W. Quarles and C. C. Nave, for the defendant.