Legal Opinion

State v. Ware

Mississippi Supreme Court

Decided October 15, 1912PublishedCited by 5 opinions

Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. B. A. Ware was convicted of unlawfully exhibiting a deadly weapon in a justice of the peace court and appealed to the circuit court, where he filed a demurrer to the affidavit which, being sustained by the court, the state appeals. The facts are fully stated in the opinion of the court.. This is an appeal by the state.

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Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. B. A. Ware was convicted of unlawfully exhibiting a deadly weapon in a justice of the peace court and appealed to the circuit court, where he filed a demurrer to the affidavit which, being sustained by the court, the state appeals. The facts are fully stated in the opinion of the court.. This is an appeal by the state. The defendant was indicted for exhibiting’ a deadly weapon in a rude, angry and threatening manner. The. indictment charges that he exhibited in a rude, angry, and threatening manner a pocket knife, which…

1Opinion of the CourtReed, J.

An affidavit was made against appellee in a justice of the peace court, in which it was charged that he “did unlawfully exhibit a deadly weapon, to wit, a pocketknife, in the presence- of three or more persons, in a rude, angry, or threatening manner, not in his necessary defense.” He was convicted, and appealed to the circuit court. He filed a demurrer to the affidavit, which the court sustained.

An objection to the affidavit is that a pocketknife is not a deadly weapon within the meaning of the statute. It is well known that a pocketknife, in many cases, is deadly in its effect. In the case…

2Cases cited4 opinions

  1. State v. TraylorMississippi Supreme Court · 1911
  2. State v. SimsMississippi Supreme Court · 1902
  3. Earhart v. StateMississippi Supreme Court · 1889
  4. Bryant v. United StatesCourt of Appeals for the Fifth Circuit · 1901

3Cited by5 opinions

  1. McCullen v. State Ex Rel. AlexanderMississippi Supreme Court · 1953
  2. Roseberry v. NorsworthyMississippi Supreme Court · 1924
  3. Janice Michelle Wilcher v. State of MississippiMississippi Supreme Court · 2017
  4. Rushing v. StateCourt of Appeals of Mississippi · 2000
  5. Janice Michelle Wilcher v. State of MississippiMississippi Supreme Court · 2017

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