Pitman v. State
Mississippi Supreme Court
Pitman v. State, 107 Miss. 154 (Miss. 1914)
65 So. 123
Smith
Pitman v. State
Opinion of the Court
delivered the opinion of the court.
The 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.
Since, 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.
Reversed and remanded.
Reference
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- Indictment. Form. Unlawful. Criminal law. Sufficiency of affidavit. Objection in lower court. An indictment for carrying concealed weapons wbicb fails to charge that the carrying was “unlawful” is fatally defective and since on account of the absence of such an allegation, no crime was charged, an objection thereto' may be interposed for the first time in the supreme court.