ELLAS DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the statutory term 'pistol' is a generic term that encompasses revolvers, thus satisfying the element of possession of a pistol for a convicted felon.
The defendant, a convicted felon, was found in possession of a revolver. He appealed his conviction for unlawful possession of a pistol, arguing that …
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Davis appeals from a judgment of conviction of unlawful possession of a pistol by a convicted felon in violation of § 790.23 (1), Fla.Stat., F.S.A.1 He urges us to reverse the judgment because the state did not prove that he violated § 790.23(1), since the record shows conclusively that he was in possession of a revolver, not a pistol.
We hold that the word “pistol” in § .790.23(1) is a generic word which encompasses the entire class of firearms designed either by the manufacturer or the possessor to be held and fired by one hand. See People v. Borgeson, 335 Ill. 136, 166 N.E. 451 (1929), in which the Supreme Court of Illinois stated:
“A pistol is a small firearm having a curved stock or butt to fit the hand and a short barrel or barrels. The term ‘pistol’. was applied to the first short firearm that came into use about the sixteenth century and was intended to be aimed and fired from one hand. Pistols now in use are called derringers, revolvers or automatic pistols. The term ‘pistol’ aptly applies to all the short firearms aforesaid. * * * The judgment *627and sentence should be, and is, affirmed, as the defendant could successfully plead former jeopardy if he were on a subsequent information or indictment charged with carrying concealed on or about his person a ‘revolver’ or a ‘a loaded revolver.’ ” 166 N.E. at 455.
Cf. State v. Barr, 340 Mo. 738, 102 S.W.2d 629, 632, 633 (1937). See, too, the definition of the word “pistol” in Volume VIII of the Oxford English Dictionary at page 907: “A small fire-arm with a more or less curved stock, adapted to be held, and fired by, one hand.”
We therefore cannot hold that, within the intendment of § 790.23(1 ), a pistol is not a pistol when it is a revolver.
Accordingly, the judgment of the trial court is affirmed.
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Bryant v. State, 386 So. 2d 237 (Fla. 1980)…(Fla.3d DCA 1979); Martin v. State, 367 So. 2d 1119 (Fla. 1st DCA 1979). See also Harris v. State, 370 So. 2d 74 (Fla.2d DCA 1979) (a pistol is a firearm); Rogers v. State, 336 So. 2d 1233 (Fla.4th DCA 1976) (a pistol is a firearm); Davis v. State, 215 So. 2d 626 (Fla.3d DCA 1968) (a revolver is a pistol and a pistol is a firearm).…
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MacHado v. State, 363 So. 2d 1132 (Fla. 3d DCA 1978)…determinative factor in defining a firearm. Additionally, the two arresting officers described the weapon at trial as a “9 mm automatic pistol, loaded,” and a pistol is a firearm. Rogers v. State, 336 So. 2d 1233 (Fla.4th DCA 1976); Davis v. State, 215 So. 2d 626 (Fla.3d DCA 1968). Further, the weapon was introduced into evidence and the trial judge, as trier of fact, had ample opportunity to inspect the gun and make a determination as to whether Section 790.001(6) was applicable. The trial judge impliedly r…
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State v. Nunez, 368 So. 2d 422 (Fla. 3d DCA 1979)…rued and applied so as to give effect to the evident legislative intent, regardless of whether such construction varies from the statutes’ literal meaning ; and “WHEREAS, the Third District Court of Appeal of Florida in the case of Davis v. State, 215 So. 2d 626 (Fla.3d D.C.A. 1968) and the Fourth District Court of Appeal of Florida in the ease of Rogers v. State, 336 So. 2d 1233 (Fla.4th D.C.A.1976) held that a pistol is a firearm; and “WHEREAS, the Supreme Court of the State of Florida in the case of Tat…
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