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:"...it was the fixed purpose of the Legislature to prohibit the use of this particular weapon for any purpose: it is not to be sold, given away, kept about the person, used or attempted to be drawn or used, not even upon a "sudden encounter." The right of self-defense is not denied, but this particular instrument is prohibited in the exercise of that right, if it be "drawn from any place of concealment about the person." If the knife be thus drawn with malice, for the purpose of "awing or intimidating any person," the offense is complete. That is the language and spirit of the act, as we think, and the charge does not go beyond it. If men wish to escape these severe consequences, let them discontinue the use of these most dangerous and bloody weapons. The Legislature has proscribed them, and men must disobey at their peril. This construction is inevitable, upon both the letter and spirit of the act, and if it invades the right of self-defense, the fault is not ours. The Legislature thought the evil great, and to effectually remove it, made the remedy strong. We approve their policy and maintain the act in all its vigor."
:"...it was the fixed purpose of the Legislature to prohibit the use of this particular weapon for any purpose: it is not to be sold, given away, kept about the person, used or attempted to be drawn or used, not even upon a "sudden encounter." The right of self-defense is not denied, but this particular instrument is prohibited in the exercise of that right, if it be "drawn from any place of concealment about the person." If the knife be thus drawn with malice, for the purpose of "awing or intimidating any person," the offense is complete. That is the language and spirit of the act, as we think, and the charge does not go beyond it. If men wish to escape these severe consequences, let them discontinue the use of these most dangerous and bloody weapons. The Legislature has proscribed them, and men must disobey at their peril. This construction is inevitable, upon both the letter and spirit of the act, and if it invades the right of self-defense, the fault is not ours. The Legislature thought the evil great, and to effectually remove it, made the remedy strong. We approve their policy and maintain the act in all its vigor."
[[category:State Court Cases]]
[[Category:State Court Cases]]
[[Category:Second Amendment]]
[[Category:Second Amendment]]