Sudduth v. State
Mississippi Supreme Court
From the circuit court of Attala county. Hon. C. H. Campbelu, Judge. Appellant has been convicted, under code 1880, § 2985, of carrying a concealed weapon. There was evidence tending to show that, shortly before the occasion when the weapon was being carried, persons had warned the accused that a neighbor had threatened to kill him “ on sight,” unless he denied making certain statements, which the accused, as a witness, admitted he had made.
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From the circuit court of Attala county. Hon. C. H. Campbelu, Judge. Appellant has been convicted, under code 1880, § 2985, of carrying a concealed weapon. There was evidence tending to show that, shortly before the occasion when the weapon was being carried, persons had warned the accused that a neighbor had threatened to kill him “ on sight,” unless he denied making certain statements, which the accused, as a witness, admitted he had made. The second instruction, as asked by the accused, announced the right to carry the concealed weapon, if the accused “had been threatened with violence,…
1Opinion of the CourtCooper, J.
The second instruction asked by the defendant was correct as prayed, and should have been given.
The modification by the court, by inserting the words “ at the time,” was calculated to mislead the jury, by permitting them to infer that one threatened with an attack may not lawfully carry a concealed weapon, unless he has reason to believe that, upon the particular occasion, or at the particular time, as distinguished from other occasions or times, he will be attacked.
One must be threatened with an attack to justify the carrying of a concealed weapon, but it is not necessary that he shall…
2Cited by1 opinion
- Harvey v. StateMississippi Supreme Court · 1912