[ Back | Home ]
[Cite as State v. Duzan, 6 Blackf. 31 (Ind.
1841). NOTE: In the margin is printed, "Friday, November 26."]
The State v. Duzan.
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
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
Per Curiam.--The judgment is reversed with costs. Cause
H. O'Neal, for the state.
W. Quarles and C. C. Nave, for the