90 Mo. 302 | Mo. | 1886
The defendant was indicted in one count for carrying about his person a deadly weapon, when under the influence of intoxicating drink, and in the other for carrying concealed a deadly weapon. The weapon in each count is described as a revolving pistol; and the indictment' is based upon section 1274, Revised Statutes, 1879, as amended by the act of March 5, 1883 (Acts of 1883, p. 76).
The first question arises upon the action of the court in overruling a motion to quash, on the ground that the act is in conflict with the second article of the amendments to the constitution of the United States, which declares that: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed,” and section 17, article 2, of the state constitution, which declares, ‘ that the right of no citizen to keep and bear arms in the defence of his home, person and property, or in aid of the civil power, when thereto legally summoned, shall be called in question ; but nothing herein contained is intended to justify the practice of wearing concealed weapons.”
The judgment is, therefore, reversed, and the cause remanded.