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Annotated Code of the State of Iowa Containing All the Laws of a General Nature Enacted by The Twenty-Sixth General Assembly at the Extra Session, Which Adjourned July 2, 1897 Page 1898, Image 730 (Vol. 1, 1897).

  • Year:
  • 1897
Category:
Jurisdiction:

"Sec. 4775. Carrying concealed weapons. If any person carry upon his person any concealed weapon, or shall willfully draw and point a pistol, revolver or gun at another, he shall be guilty of a misdemeanor, and be fined not more than one hundred dollars, or imprisoned in the county jail not more than thirty days; but this section shall not apply to police officers and other persons whose duty it is to execute process or warrants, or make arrests. [C.’73, § 3879.]

[Annotated (as all laws are in this section) in a smaller font and two columns] The intent or purpose with which the weapon is carried is not an element of the offense, nor is it required that it be carried with defendant’s knowledge, or willfully, that is, with set purpose. The obvious purpose is to forbid the carrying of weapons on the person with the knowledge of the accused that the weapon is so carried, and that it was a weapon. If the weapon was carried through restraint, or ignorance, or for any innocent or lawful purpose, such fact may be shown by the defense; it need not be negatived in the indictment: State v. Williams, 70-52."

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Annotated Code of the State of Iowa Containing All the Laws of a General Nature Enacted by The Twenty-Sixth General Assembly at the Extra Session, Which Adjourned July 2, 1897. Vol. 1 (Des Moines, IA: F. R. Conaway, 1897), 1898. Part Fourth—Code of Criminal Procedure, Title 24—Of Crimes and Punishments, Chapter 2—Offenses Against Lives and Persons, § 4775—Carrying Concealed Weapons. (Undated.)