Sudduth v. State
Mississippi Supreme Court
Sudduth v. State, 70 Miss. 250 (Miss. 1892)
Cooper
Sudduth v. State
Opinion of the Court
delivered the opinion of the court.
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 anticipate the attack at a particular time or on a certain occasion.
The judgment is reversed.
Reference
- Full Case Name
- Monroe Sudduth v. State
- Cited By
- 1 case
- Status
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- Syllabus
- Concealed Weapons. Threatened attach. Gode 1880, § 2985. One threatened, with an attack, may, under § 2985, code 1880, lawfully carry a concealed weapon, although the attack be not threatened to be made at a particular time or on a particular occasion.