Huffstickler v. State
Mississippi Supreme Court
Appeal from circuit court of Union county. Hon. W. A. Roane, Judge. Ed Huffstickler was convicted of carrying concealed weapons, and be appeals. In answer to question: “Did you ever hear of any threats he made, if so, tell what they were, and who told you about it?” Ans. “Well, I heard them a number of times from different ones, that was all I could hear, about people saying that he was going to kill me.”
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Appeal from circuit court of Union county. Hon. W. A. Roane, Judge. Ed Huffstickler was convicted of carrying concealed weapons, and be appeals. In answer to question: “Did you ever hear of any threats he made, if so, tell what they were, and who told you about it?” Ans. “Well, I heard them a number of times from different ones, that was all I could hear, about people saying that he was going to kill me.” We respectfully submit that defendant’s statement, as above set out, together with his statement on the stand that Layton Lewis “had threatened to kill me, and I was afraid he would do it.”…
1Opinion of the CourtSykes, P. J.
The appellant was convicted of carrying a concealed weapon, namely, a pistol, from which conviction this appeal was prosecuted.
The testimony showed that on a public street in the city of New Albany he pulled a pistol from his pocket and shot a man, wounding him. He admitted carrying concealed the pistol, but defended upon the ground:
“That he Avas threatened, and had good and sufficient reason to apprehend a serious attack from an enemy, and that he did so apprehend.” Section 1105, Code of 1906 (section 831, Hemingway’s Code).
The defendant testified about a previous difficulty Avith the…
2Cases cited1 opinion
- Hurst v. StateMississippi Supreme Court · 1911