Jordan v. State
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Jordan, the appellant, was charged with and tried and convicted, in a justice of the peace’s court, for carrying a deadly weapon concealed, and appealed to the circuit court, where he was again tried and convicted, and thence appealed to the supreme court. The material point of the affidavit upon which the prosecution was based is set out in the opinion of the court.
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From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Jordan, the appellant, was charged with and tried and convicted, in a justice of the peace’s court, for carrying a deadly weapon concealed, and appealed to the circuit court, where he was again tried and convicted, and thence appealed to the supreme court. The material point of the affidavit upon which the prosecution was based is set out in the opinion of the court. The affidavit is defective in that it does not charge an “unlawful” carrying. The affidavit sufficiently charges the crime under the statute.
1Opinion of the CourtOali-ioon, J.
The affidavit on which this prosecution is based is that the defendant “did carry á certain deadly weapon — to wit, a pistol —concealed on his person, against the statute in such cases made and provided and against the peace and dignity of the state of Mississippi,” omitting the word “unlawfully.” The affidavit is fatally defective. It is entirely lawful to carry a pistol in *171some instances, and tbe failure of tbe affidavit to charge that it 'was unlawfully done is a fatal defect. It charges no offense, and perjury could not be sustained against any witness who might testify falsely in the…
2Cases cited7 opinions
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- Greer v. StateIndiana Supreme Court · 1875
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- Louisville & Nashville Railroad v. PoolMississippi Supreme Court · 1894
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3Cited by1 opinion
- Pitman v. StateMississippi Supreme Court · 1914