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STATE v. McCOY

No. 99-1152.

618 N.W.2d 324 (2000)

STATE of Iowa, Appellant, v. Kelly Jay McCOY, Appellee.

Supreme Court of Iowa.

October 11, 2000.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Richard Crowl, County Attorney, and Jon J. Jacobmeier, Assistant County Attorney, for appellant.

Tim Markel, Public Defender's Office, Council Bluffs, for appellee.

Considered en banc.

TERNUS, Justice.

The defendant was charged with carrying a concealed weapon after he was found in possession of a sword cane—a cane that held the blades of two knives in its shaft. See Iowa Code § 724.4(1)-(3) (1999) (defining the crime of carrying a concealed weapon). The trial court acquitted the defendant, holding that the knives were "inside a closed and fastened container," and therefore fell within...

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