Strother v. State
Mississippi Supreme Court
From the circuit court of Lafayette county. Will Strother was indicted for carrying a deadly weapon concealed. There, was testimony tending to show that he was threatened and had good and sufficient reason to apprehend a serious attack from an enemy, and that he did so apprehend, etc.
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From the circuit court of Lafayette county. Will Strother was indicted for carrying a deadly weapon concealed. There, was testimony tending to show that he was threatened and had good and sufficient reason to apprehend a serious attack from an enemy, and that he did so apprehend, etc. Defendant requested the court below to give the following instructions, being the .ones numbered two and three, mentioned in the opinion of the court: “ 2. The court instructs the jury that if they believe from the eyidence in this case that the defendant, Will Strother, had reasonable grounds to apprehend…
1Opinion of the CourtWoods, C. J.
The modifications by the court below of the second and third instructions asked by the defendant were not erroneous. The statute, § 1027, authorizes one indicted for carrying concealed a deadly weapon to prove, by way of defense, that he “was threatened and had good and sufficient reason to apprehend a serious attack from an enemy, and that he did so apprehend, ’ ’ etc., and both modifications were necessary to conform the instructions to the letter and spirit of the statute. An apprehension of “ a serious attack ’ ’ is the language of the statute. The charge as asked made an apprehension of…
2Cited by2 opinions
- Hosey v. StateMississippi Supreme Court · 1924
- Garland v. StateMississippi Supreme Court · 1922