Harvey v. State
Mississippi Supreme Court
Appear from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. V. Harvey was convicted of carrying concealed weapons and appeals. The facts are fully stated in the opinion of the court.
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Appear from the circuit court of Simpson county. Hon. W. H. Hughes, Judge. V. Harvey was convicted of carrying concealed weapons and appeals. The facts are fully stated in the opinion of the court. It is shown by the testimony in this case that the defendant and Oscar Sullivan, the man who threatened the defendant with an attack, live in the same community, and that they both were visitors of Mendenhall. ■ We think that where a person has been treatened with an attack, and so apprehends, that he has a right to carry a weapon concealed at any time or to any place. “To justify a person in…
1Opinion of the CourtSmith, J.
Appellant was convicted in the court below for carrying a concealed weapon. The evidence for the state is that he had been granted permission by the sheriff of Simpson county to visit a prisoner confined in the jail at Mendenhall. While at the jail, before giving him access to the prisoner, the sheriff, following his usual custom, searched’ the defendant, and found on him a pistol concealed. Appellant’s defense was that his life haff been threatened by a man named Sullivan, and he apprehended- from him a serious attack. He lived twenty or thirty miles from Mendenhall, in the neighborhood in.…
2Cases cited1 opinion
- Sudduth v. StateMississippi Supreme Court · 1892
3Cited by3 opinions
- Haley v. StateMississippi Supreme Court · 1913
- Talley v. StateMississippi Supreme Court · 1935
- Thomas v. City of TupeloMississippi Supreme Court · 1923