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107 Miss. 154

Pitman v. State

Mississippi Supreme Court

Decided March 15, 1914

Mississippi Supreme Court · decided 1914-03-15

Hon. A. E. Wethersby, Judge. Arch Pitman was convicted of carrying concealed weapons and appeals.

Relies on Newcomb v. State · Jordan v. State

Decided 1914-03-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2The failure of. the affidavit to charge that the weapon was carried concealed “unlawfully” is a fatal defect. Jordan v. State, 87 Miss. 170, 39 So. 895.

¶3Since, on account of the absence of such an allegation, no crime at all was charged, an objection thereto may be interposed for the first time in this court. Newcomb v. State, 37 Miss. 383.

¶4Reversed and remanded.

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