Pitman v. State
Mississippi Supreme Court
Appeal from the circuit court of Lawrence county. Hon. A. E. Wethersby, Judge. Arch Pitman was convicted of carrying concealed weapons and appeals.
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Appeal from the circuit court of Lawrence county. Hon. A. E. Wethersby, Judge. Arch Pitman was convicted of carrying concealed weapons and appeals. The affidavit upon which he was convicted is in the following words, to wit: “Personally appeared before me the undersigned, an acting justice of the peace in and for district No. 1, of Lawrence county and state of Mississippi, L. E. Eoberts, who makes affidavit (on information and belief) that Arch Pitman did on or about the 15th day of June, 1913, in said district No. 1, of said county and state, carry a weapon concealed, to wit, a pistol,…
1Opinion of the CourtSmith, C. J.
The failure of. the affidavit to charge that the weapon was carried concealed “unlawfully” is a fatal defect. Jordan v. State, 87 Miss. 170, 39 So. 895.
Since, on account of the absence of such an allegation, no crime at all was charged, an objection thereto may be interposed for the first time in this court. Newcomb v. State, 37 Miss. 383.
Reversed and remanded.
2Cases cited2 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Jordan v. StateMississippi Supreme Court · 1905