Legal Opinion

Strahan v. State

Mississippi Supreme Court

Decided October 15, 1890PublishedCited by 6 opinions

From the circuit court of Covington county. HoN. A. G. Mayers, Judge. Appellant was convicted of carrying a concealed weapon contrary to § 2985, code 1880. There is no conflict in the evidence. One Webster, who was sheriff of Covington county, gave his pistol to appellant for the purpose of having it repaired.

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From the circuit court of Covington county. HoN. A. G. Mayers, Judge. Appellant was convicted of carrying a concealed weapon contrary to § 2985, code 1880. There is no conflict in the evidence. One Webster, who was sheriff of Covington county, gave his pistol to appellant for the purpose of having it repaired. Appellant was accustomed to do such jobs, and after receiving the pistol carried it to his home some two or three miles distant, and afterwards, at Webster’s request, brought it back. While on his way, he carried the pistol in his pocket for the sake of convenience. The court refused an…

1Opinion of the CourtCooper, J.

The court properly refused the instruction asked by the appellant, and the verdict of guilty is sustained by the evidence.

The defendant did the act forbidden, by the statute, which makes the prohibited fact and not the intent criminal. Bishop on Statutory Crimes, § 789; State v. Speller, 86 N. C. 697; Preston v. The State, 63 Ala. 127; Titus v. The State, 42 Texas, 578; Carroll v. The State, 28 Ark. 99; Walls v. The State, 7 Blackf. 572. Affirmed.

2Cases cited5 opinions

  1. State v. . SpellerSupreme Court of North Carolina · 1882
  2. Carroll v. StateSupreme Court of Arkansas · 1872
  3. Walls v. StateIndiana Supreme Court · 1845
  4. Preston v. StateSupreme Court of Alabama · 1879
  5. Titus v. StateTexas Supreme Court · 1874

3Cited by6 opinions

  1. Anderson v. StateCourt of Appeals of Maryland · 1992
  2. People v. WilliamsonMichigan Supreme Court · 1918
  3. State v. BollisMississippi Supreme Court · 1895
  4. People v. DemorioAppellate Division of the Supreme Court of the State of New York · 1908
  5. Clark v. City of JacksonMississippi Supreme Court · 1929

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