Legal Opinion

Wilson v. State

Mississippi Supreme Court

Decided October 15, 1902PublishedCited by 2 opinions

From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Wilson, the appellant, was indicted, tried and convicted for carrying a concealed weapon, and appealed to the supreme' court. The opinion states the facts. The court below erred in giving the charge asked by the state, which told the jury if they believed the appellant carried the pistol concealed in whole or in part he was guilty, although he was in his own house.

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From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Wilson, the appellant, was indicted, tried and convicted for carrying a concealed weapon, and appealed to the supreme' court. The opinion states the facts. The court below erred in giving the charge asked by the state, which told the jury if they believed the appellant carried the pistol concealed in whole or in part he was guilty, although he was in his own house. The constitution gives every one the right to bear and keep arms in defense of his home, person or property. The constitution does not say how arms shall be…

1Opinion of the CourtTerral, J.

The case discloses the fact that James Wilson had carried a pistol in his pants pocket in his home or residence. He attempted to justify his action under sec. 12 of the constitution, which reads: “The right of every citizen to keep and bear arms-in defense of his home, person, or property .... shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.” He proved by his own evidence that on the night preceding the one on which he had the pistol in his pocket at his own home, there was a disturbance of the chickens of his sister, who lived under the…

2Cited by2 opinions

  1. Ricky W. Ward v. Dorothy Winston ColomMississippi Supreme Court · 2018
  2. Rosaman v. City of OkolonaMississippi Supreme Court · 1904

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