McGuirk v. State
Mississippi Supreme Court
Appeal from the Circuit Court of La Fayette County. HoN. W. S. FeatherstoN, Judge. Cato McGuirk having lost a mule, borrowed a pistol and started in search of it. He went as far as one Clardy’s, where he left his pistol and returned home. A short time afterward Clardy sent word tp McGuirk that he had found the mule.
Read the full summary
Appeal from the Circuit Court of La Fayette County. HoN. W. S. FeatherstoN, Judge. Cato McGuirk having lost a mule, borrowed a pistol and started in search of it. He went as far as one Clardy’s, where he left his pistol and returned home. A short time afterward Clardy sent word tp McGuirk that he had found the mule. McGuirk went to "Water Valley, his market town, about twenty miles distant, returned by way of Clardy’s about twenty miles, got the pistol which he had left there, and concealing it carried it home, about ten miles. He was indicted for carrying concealed weapons. On the trial…
1Opinion of the CourtArnold, J.
Carrying the weapon concealed, as charged, is admitted by appellant, but he seeks refuge from the consequences of the act in the exceptions contained in the statute in favor of those who are threatened with, or have'good and sufficient reason to apprehend, an attack, or who aré traveling or setting out on a journey. Neither defense attempted to be made by him is established, and no error assigned can avail him.
It is quite apparent that the weapon was carried by appellant, not as a precaution against an apprehended attack from either Sumack or Henry,but that it was being carried home from a…
2Cases cited4 opinions
- Eslava v. StateSupreme Court of Alabama · 1873
- Gholson v. StateSupreme Court of Alabama · 1875
- Tipler v. StateMississippi Supreme Court · 1880
- Coker v. StateSupreme Court of Alabama · 1879
3Cited by4 opinions
- Morgan v. Town of HeidelbergMississippi Supreme Court · 1963
- State v. SmithIndiana Supreme Court · 1901
- In the Interest of L.M. v. StateMississippi Supreme Court · 1992
- Rosaman v. City of OkolonaMississippi Supreme Court · 1904