State v. NguyenAnnotate this Case
Defendant was charged with carrying a concealed weapon. At issue before the district court was whether a “Stiletto” knife measuring three and three-quarters inches long that Defendant had in his possession when he was arrested constituted a deadly weapon under Neb. Rev. Stat. 28-1202. The district court concluded that the knife was a deadly weapon per se under section 28-1202 and found Defendant guilty of carrying a concealed weapon. The Court of Appeals affirmed. The Supreme Court affirmed, holding that, given the amendment to section 28-1202 and the amendment to the term “knife” as defined in Neb. Rev. Stat. 28-1202(5), any knife with a blade over three and a half inches in length is a deadly weapon per se, and the manner or intended use of such deadly weapon is not an element of the crime charged.