Lindzey v. State
Mississippi Supreme Court
Arread from the Circuit Court of Sharkey County. Hon. J. H. Wynn, Judge. The case is stated in the opinion of the Court. Appellant was indicted November, 1887, and convicted at the May term, 1888, under Section 2985 of the Code.
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Arread from the Circuit Court of Sharkey County. Hon. J. H. Wynn, Judge. The case is stated in the opinion of the Court. Appellant was indicted November, 1887, and convicted at the May term, 1888, under Section 2985 of the Code. After in'dictment and before conviction the punishment for the offence was increased by Act approved March 9th, 1888. (See acts of 1888, chapter 54, page 89). There is in the amendatory act no saving clause authorizing the court to sentence under the law ■as it stood prior to the amendment, and to sentence appellant under the amendatory act would be a violation of his…
1Opinion of the CourtArnold, C. J.
In December, 1881, appellant was indicted for carrying a concealed weapon. At that time the punishment prescribed by Sec. 2985 of the Code for such offence was by fine, not exceeding one hundred dollars, and, in the event the fine and costs were not paid, by hard labor, not exceeding two months; and at that time the statute did not prohibit one who had good and sufficient reason to apprehend an attach, from carrying concealed weapons.
*544In May, 1888, appellant was tried on the indictment, convicted and sentenced to pay a fine of thirty dollars; but prior to that date, the legislature, by the act…
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