State v. Gratz
State v. Gratz
Opinion of the Court
The opinion of the court was delivered by
This is a writ of error from a conviction on an indictment for carrying concealed weapons.
The first point is that the court committed error in charging the jury that the defendant could be convicted under the concealed weapons count if he was found by them to have carried a blackjack. The language is this: “If he did have on his person the weapon alleged, he was carrying a weapon which the statute prohibits him from carrying without permission and of course would he guilty. If he did not, then he is not guilty.” The criticism is that this does not qualify the carrying of the weapon by saying that he must he found to have concealed it as well as carried it. We think the point is well taken.
The language of the statute, chapter 225 of the laws of 1912, is this: “Any person who shall carry any revolver * * * blackjack * * * or any knife with a blade five
This result makes it unnecessary to discuss the other points argued for the defendant below. The judgment of conviction will be reversed and the cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.