Earhart v. State
Mississippi Supreme Court
From the circuit court of Adams county. Hon. Earph North, Judge. On April 19,1889, appellant was indicted for carrying concealed a pistol in February, 1889, and he was tried and convicted. On the trial he admitted that he carried the pistol, but claimed that he was justified in so doing. With this admission, the state closed.
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From the circuit court of Adams county. Hon. Earph North, Judge. On April 19,1889, appellant was indicted for carrying concealed a pistol in February, 1889, and he was tried and convicted. On the trial he admitted that he carried the pistol, but claimed that he was justified in so doing. With this admission, the state closed. Thereupon the defendant introduced one David McClure, who testified that in the latter part of January he had a conversation with one William Tuttle, who was angry, and who stated that the defendant, Earhart, “ was a sneak, and that he, Tuttle, would get him yet that he,…
1Opinion of the CourtCampbell, J.
We must hold, either that the legislature, in amending § 2985 of the code by an act approved March 9, 1888, nullified the section by making it senseless and uncertain, so as to be unenforceable, or that it committed a clerical mistake in striking out two words more than was intended, viz : the words “ an attach.” The latter is the more probable, and to read the section as amended, retaining those two words, will accomplish what was manifestly the legislative purpose, and leave the law in force. We, therefore, adopt that view, and under it the section as amended will be read, “ any person, not…
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