Burnside v. State
Mississippi Supreme Court
Appeal from the circuit court of Montgomery county. IIoN. J. A. Teat, Judge. Will Burnside was convicted of carrying concealed weapons and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Montgomery county. IIoN. J. A. Teat, Judge. Will Burnside was convicted of carrying concealed weapons and appeals. The facts are fully stated in the opinion of the court. We submit that the so-called pistol 'in evidence is not a “pistol” within the meaning of onr statute; or that, at least it was for the jury to decide, as a question of fact, whether the object introduced in evidence had forever lost the characteristics, attributes and appearance of a pistol, and had become utterly incapable of ever again being loaded, unloaded or discharged; and we submit,…
1Opinion of the CourtBebd, J.
Will Burnside was convicted for carrying a concealed weapon. The agreed statement of facts in the record, after showing that appellant found the pistol, offered in evidence and sent up with this appeal as Exhibit A, on the date- named in the indictment, and placed the same in Ms belt, sets forth the following: “That at the time the said pistol was so carried it could be neither loaded, unloaded, nor fired, but was filled with dirt, was rusty, and could not be made to open, to work, or to cock. That said pistol was in substantially the same condition at the time it was so carried as it is now.…
2Cases cited1 opinion
- Mitchell v. StateMississippi Supreme Court · 1911
3Cited by6 opinions
- Commonwealth v. BartholomewMassachusetts Supreme Judicial Court · 1950
- Jarvis v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1947
- Cooley v. StateCourt of Appeals of Mississippi · 2008
- Austin v. StateCourt of Appeals of Mississippi · 2012
- State v. MiddletonNew Jersey Superior Court Appellate Division · 1976
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