State Missouri v. Richard M. Baker

Defendant Richard Baker was tried and convicted of carrying a concealed weapon in violation of § 571.115, RSMo 1978, 1 and sentenced to 50 days in the Jasper County jail. He contends the evidence was not sufficient to support the jury's verdict and that the statute under which he was convicted denies equal protection of the law and due process of law. We affirm. In reverse order, we consider defendant's contentions. His claims concerning equal protection of the law and due process are directed to that part of the statute which exempts ""persons traveling in a continuous journey peaceably through this state."" He argues there is no justifiable or rational basis for differentiating between travelers and non-travelers and that it is impossible to determine what persons are exempted under the statute because of vagueness. Our supreme court considered and rejected similar attacks on the statute in State v. Horne, 622 S.W.2d 956 (Mo. 1981), and, for the reasons therein expressed, we deny defendant's contentions.