Sudduth v. State

Decided October 15, 1892

Mississippi Supreme Court · decided 1892-10-15

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.

Cited by 1 later decisions — most recently March 1912

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-10-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2The second instruction asked by the defendant was correct as prayed, and should have been given.

¶3The 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.

¶4One must be threatened with an attack to justify the carrying of a concealed weapon, but it is not necessary that he shall anticipate the attack at a particular time or on a certain occasion.

¶5The judgment is reversed.