State v. Bollis
Mississippi Supreme Court
From the circuit court of Choctaw county. Hon. C. H. Campbell, Judge. The appellee was indicted for unlawfully carrying concealed, in whole or in part, a certain pistol, then and there a deadly weapon, contrary to the form of the statute, etc.
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From the circuit court of Choctaw county. Hon. C. H. Campbell, Judge. The appellee was indicted for unlawfully carrying concealed, in whole or in part, a certain pistol, then and there a deadly weapon, contrary to the form of the statute, etc. The evidence disclosed the fact that the pistol carried was ‘‘ unloaded and empty,” and the court below thereupon instructed the jury that the pistol, being unloaded, the same was not a deadly weapon, and that the law had, therefore, not been violated. The state appealed. Under the code of 1857, which forbade the exhibiting of a deadly weapon, it was…
1Opinion of the CourtWhitfield, J.
It is not necessary to aver, in an indictment under § 1026 of the annotated code of 1892, or to prove on the trial thereunder, that the “pistol ” was loaded. A pistol is one of the class of weapons denominated by the statute ‘ ‘ deadly, ’ ’ and commonly spoken of as deadly. To hold that, to make it a deadly weapon within the meaning of this statute, it must be ‘ ‘ loaded, ’ ’ would be (1) to read the word “ loaded ” into the statute, and (2) practically to nullify the beneficent purpose of the law. Under such a construction, nothing could be easier than to carry the pistol in one pocket and…
2Cases cited2 opinions
- Gamblin v. StateMississippi Supreme Court · 1871
- Strahan v. StateMississippi Supreme Court · 1890
3Cited by11 opinions
- Davis v. StateMississippi Supreme Court · 1988
- Reed v. StateMississippi Supreme Court · 1967
- Mularkey v. StateWisconsin Supreme Court · 1930
- People v. WilliamsonMichigan Supreme Court · 1918
- State v. KowertzSupreme Court of Missouri · 1930
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