Martin v. State
Martin v. State
Opinion of the Court
delivered the opinion of the court.
The appellant was indicted, tried, and convicted in the circuit court of Claiborne county, under section 1103, Code 1906, for carrying concealed weapons. The original indictment, .as returned by the grand jury, merely charged appellant with car
Under the statute, the carrying of a concealed deadly weapon, in whole or in part, is made an offense; and under an indictment which merely charges the carrying of a concealed deadly weapon, if the proof show that it was only partially concealed, the offense designated by the statute is proved. The amendment was not necessary to sustain a conviction under the indictment. The amendment not being necessary, there was no reversible error in allowing it to be made. The use of the words in the statute, “in whole or in part,” does not constitute any essential description of the offense named by the statute, but it is merely defining what is meant by concealment. In . other words, if a person carry a deadly weapon, and only a part of it is concealed, the other part being visible, he is guilty of carrying a concealed weapon, within the meaning of the statute.
Affirmed.
Reference
- Full Case Name
- Edward C. Martin v. State of Mississippi
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Criminal Law and Procedure. Code 1906, § 1103. Deadly weapons Carrying concealed. Indictment. Evidence. Under Code 1906, § 1103, making it a misdemeanor to carry con cealed, in whole or in part, any deadly weapon, an indictment, charging the carrying of such a weapon concealed, is proved by testimony showing its carriage concealed in part. '2. Same. Amendment o/ indictment. When not reversible error. The allowance by the trial court of an immaterial amendment to an indictment is not reversible error.