Legal Opinion

Mitchell v. State

Mississippi Supreme Court

Decided March 15, 1911PublishedCited by 16 opinions

Appeal from, the circuit court of Covington county. Hon. W. H. Hughes, Judge. Carl Mitchell was convicted of carrying concealed weapons and appeals. The facts are stated in the opinion of the court. The evidence shows conclusively that the pistol carried by appellant had no hammer nor mainspring, both of which are necessary to make ■ it a deadly weapon. The carrying a piece or a part of a pistol, concealed in whole or in part, is not an indictable offense.

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Appeal from, the circuit court of Covington county. Hon. W. H. Hughes, Judge. Carl Mitchell was convicted of carrying concealed weapons and appeals. The facts are stated in the opinion of the court. The evidence shows conclusively that the pistol carried by appellant had no hammer nor mainspring, both of which are necessary to make ■ it a deadly weapon. The carrying a piece or a part of a pistol, concealed in whole or in part, is not an indictable offense. Appellant* contends that the pistol had lost .so many of its vital parts, that it was no longer a firearm and was absolutely incapable of…

1Opinion of the Court

McLain, 0.

Appellant was inicted, tried, convicted, and sentenced in the circuit court of Covington county for carrying a pistol concealed. From this judgment, he appeals to this court.

In the trial court, the evidence shows that appellant carried a pistol concealed, and that it had no hammer or mainspring. Appellant contended that it was not a pistol within the meaning of the statute. The state, on the other hand, contended that it was. This was the chief issue on the trial. Upon the trial the defendant requested the court to instruct the jury that, if the pistol *582alleged to have been carried…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. Evins v. StateSupreme Court of Alabama · 1871

3Cited by16 opinions

  1. Davis v. StateMississippi Supreme Court · 1988
  2. Commonwealth v. BartholomewMassachusetts Supreme Judicial Court · 1950
  3. Cittadino v. StateMississippi Supreme Court · 1945
  4. People v. SimonsNew York Court of Special Session · 1924
  5. People v. WilliamsCalifornia Court of Appeal · 1929

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