Hodnett v. State
Mississippi Supreme Court
Appeal from the circuit court of Oktibbeha county. Hon. Lock E. Houston, Judge. The facts are stated in the opinion. The act of March 9, 1888, in reference to carrying concealed weapons, has recently been held to be ex post facto as to offenses committed prior to its passage. Lindzey v. The State, 65 Miss. 542. An indictment for carrying a pistol on January 30, 1888, is, therefore, fatally defective.
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Appeal from the circuit court of Oktibbeha county. Hon. Lock E. Houston, Judge. The facts are stated in the opinion. The act of March 9, 1888, in reference to carrying concealed weapons, has recently been held to be ex post facto as to offenses committed prior to its passage. Lindzey v. The State, 65 Miss. 542. An indictment for carrying a pistol on January 30, 1888, is, therefore, fatally defective. If an indictment after March 9, 1888, for an offense actually committed prior to that date is void, then such an indictment which charges appellant with carrying a pistol on January 30, 1888, is…
1Opinion of the CourtArnold, C. J.
Appellant was indicted in May, 1888, for carrying a concealed weapon in January, 1888. He moved to quash the indictment, because the act with which he was charged was not an offense at the date of its alleged commission, and there was no law by which such act, committed at that date, could be punished. The motion was overruled, and the defendant was convicted and appealed.
The act of March the 9th, 1888, amending the law in regard to carrying concealed weapons, changed the character of, and the penalties for, the offense, in such manner as to render it an ex post faoto law as to such offenses…
2Cases cited2 opinions
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1873
- Lindzey v. StateMississippi Supreme Court · 1888
3Cited by7 opinions
- Carlisle v. StateMississippi Supreme Court · 1895
- Whatley v. StateSupreme Court of Florida · 1903
- Noble v. PeopleSupreme Court of Colorado · 1919
- Archer v. StateMississippi Supreme Court · 1952
- State v. ClarkMississippi Supreme Court · 1926
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