State v. Williams

• Court: Iowa Supreme Court
• Writing for the Court: BECK, J.
• Citation: State v. Williams, 70 Iowa 52, 29 N.W. 801 (Iowa 1886)
• Decision Date: 27 October 1886
• Parties: THE STATE v. WILLIAMS

29 N.W. 801

70 Iowa 52

THE STATE v. WILLIAMS

Supreme Court of Iowa, Des Moines

October 27, 1886

Appeal from Pocahontas District Court.

UPON an information filed before a justice of the peace, defendant was convicted of carrying upon his person a concealed weapon a revolver, and fined in the sum of $ 100. Upon an appeal to the district court he was again convicted, and fined in the sum of $ 50. He appeals to this court.

AFFIRMED.

McEwen & Garlock and Robinson & Milchrist, for appellant.

A. J Baker, Attorney-general, for the state.

OPINION

BECK, J.

I.

The statute under which defendant was convicted (Code, § 3879) is in the following language: "Sec. 3879. If any person carry upon his person any concealed weapon, he shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than thirty days; provided that this section shall not apply to police officers and other persons whose duty it is to execute process or warrants, or make arrests."

It will be observed that the intent or purpose with which the weapon is carried is not an element of the statutory offense. Nor does the statute provide that it must be carried with the knowledge of the defendant, or willfully; i. e., "of set purpose, voluntary, showing design." The obvious purpose of the statute is to forbid the carrying of weapons upon the person for any and all purposes. It therefore becomes unnecessary, in a prosecution for the offense, to charge and prove the willful carrying of a weapon on the person with the knowledge of the accused that the weapon was carried upon his person and that the thing carried was a weapon. If the weapon was carried upon the person through restraint, or in ignorance of its real character, or for any innocent or lawful purpose, without a doubt this would be a good defense to the prosecution. But the defense need not be negatived by allegations and proof in a criminal prosecution for the offense.

II. The evidence shows the carrying of the weapon upon the person at and before the time charged in the information. Defendant in his own testimony admits it, and the fact is shown by other witnesses. Defendant introduced no evidence tending to show that he carried the weapon through restraint or in ignorance of its true character. Indeed, the evidence clearly and positively shows the contrary state of facts. In our opinion, the evidence sufficiently supports the verdict of the jury. The position of counsel, that there is no evidence to show the unlawful carrying of the weapon prior to the moment of defendant's arrest, is not supported...