Pitman v. State
65 So. 123, 107 Miss. 154
Opinion
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.
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Pitman v. State, 65 So. 123, 107 Miss. 154 (Mich. 1914).
65 So. 123 (Pitman v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Jordan v. State
39 So. 895 (Mississippi Supreme Court, 1905)
Newcomb v. State
2 Morr. St. Cas. 1303 (Mississippi Supreme Court, 1872)