262 Mo. 113 | Mo. | 1914
Upon an information charging him, under section 4496, Revised Statutes 1909, with the crime of having exhibited a dangerous weapon, to-wit, a pistol, in a rude, angry, and threatening manner in the presence of two persons named in the information, defendant was tried in the circuit court of Stoddard county, Missouri, found guilty, and his punishment assessed at a fine of $100. Defendant duly perfected an appeal to this court.
Upon the part of the State the evidence tended to establish the following facts. Prosecuting witness E'lsworth claimed that defendant owed him for labor. Accompanied by one Birchfield, Elsworth called upon defendant and requested that he pay the debt. After some controversy over the matter, defendant, while riot denying the debt, said, <£I will not pay you.” Thereupon prosecuting witness, becoming angry, took a few steps toward defendant and defendant pulled from his shirt bosom a pistol and pointed it in the face of the prosecuting witness, causing him to stop. At this time Birchfield, who was seated a few feet away, on the other side of a fence, arose, and as he did so defendant pointed the pistol at him. During the time he was exhibiting the pistol in the above man
“Q. Where did this [referring to the alleged offense] take place, Mr. Elsworth? A. It took place near where I were living on Mr. Nichols’s farm.
“Q. What State and county? A. State of Missouri) County of Stoddard.”
The judgment is affirmed.
The foreg’oing opinion of Wil-
liams, C., is adopted as the opinion of the court.