Tipler v. State
Mississippi Supreme Court
Error to the Circuit Court of Tippah County. Hon. J. W. C. WatsON, Judge. George W. Tipler, who lives at Tiplersville, fifteen miles from a station on the Memphis and Charleston Railroad, was on the fourth of July, 1879, at Wolf’s Spring, seven miles from the station, with a pistol partially concealed on his person.
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Error to the Circuit Court of Tippah County. Hon. J. W. C. WatsON, Judge. George W. Tipler, who lives at Tiplersville, fifteen miles from a station on the Memphis and Charleston Railroad, was on the fourth of July, 1879, at Wolf’s Spring, seven miles from the station, with a pistol partially concealed on his person. One Sherold, a brakeman on the railroad who was in the habit of making two trips a week from Burnsville to Memphis, often inquired for Tipler at the station, and uttered threats respecting him of serious personal injury. On the trial of the indictment for carrying a concealed…
1Opinion of the CourtCampbell, J.
The instruction to the jury, given at the request of the district attorney, is erroneous in assuming, upon a state of facts recited by it, that the defendant had not sufficient reason to apprehend an attack. This was an invasion of the province of the jury. It was for it to consider all the evidence, and determine whether the defendant was threatened with an attack or had good and sufficient reason to apprehend one, and was carrying the pistol he had on his person partly concealed because of such reasonable apprehension, and as a proper precaution for his protection against such threatened…
2Cited by3 opinions
- Watson v. StateMississippi Supreme Court · 1974
- McGuirk v. StateMississippi Supreme Court · 1886
- Sullivan v. StateMississippi Supreme Court · 1930