State v. Jones, 2012 ME 88

Jones was found guilty of carrying a concealed weapon (Class D) after a jury-waived trial in the District Court.
The knives in Jones's possession were clipped inside his pants and concealed from view when searched.
Officer Johnson encountered Jones at 2:30 a.m. and questioned him about weapons; Jones claimed probation-related searches.
The knives are described as seven-inch overall length with a three-inch blade, foldable and locking, with a serrated edge on part of the blade.
The trial court convicted Jones, citing the knives’ size and edges as evidence they were dangerous or deadly weapons usually employed in attack or defense.
On appeal, the Supreme Judicial Court vacated the conviction, holding the knives did not meet the statute’s design/primary function requirement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the knives are 'usually employed in the attack on or defense of a person'.	Jones argues the knives lack design/primary function to attack/defend a person.	State contends the knives fit the statutory category as dangerous weapons.	Conviction vacated; knives not shown to be the proscribed type.

State v. Milliken, 985 A.2d 1152 (2010 ME 1) (standards for review of factual findings and de novo legal conclusions)
State v. Christian, 40 A.3d 938 (2012 ME 51) (statutory interpretation and plain language approach)
State v. Thongsavanh, 915 A.2d 421 (2007 ME 20) (strict construction to avoid absurd results)
State v. Nastvogel, 798 A.2d 1114 (2002 ME 97) (strict construction of criminal statutes)
State v. Burns, 26 A.3d 817 (2011 ME 92) (evidence viewed in light most favorable to the State)