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[Cite as Strahan v. State, 68 Miss. 347, 8 So.
W. S. Strahan v. The
code 1880, § 2985. Intent not material.
1880, § 2985, makes the fact of carrying a concealed weapon
criminal, regardless of the intent with which it is carried.
From the circuit court of Covington county.
Hon. A. G. Mayers, Judge.
Appellant was convicted of carrying a concealed weapon contrary to
§ 2985, code 1880.
There is no conflict in the evidence. One Webster, who was sheriff of
Covington county, gave his pistol to appellant for the purpose of having it
repaired. Appellant was accustomed to do such jobs, and after receiving the
pistol carried it to his home some two or three miles distant, and afterwards,
at Webster's request, brought it back. While on his way, he carried the pistol
in his pocket for the sake of convenience.
The court refused an instruction asked by appellant that the jury
should acquit under the foregoing facts.
J. F. N. Huddleston and Robert Lowry,
There was an absence of criminal intent, and the case does not come
within the evils intended to be prohibited by the legislature.
T. M. Miller attorney-general, for the
The case is clearly within the letter of the statute. Walls v. State, 7 Blackf. 572.
Defendant's motive or intention constituted no part of the offense.
It had nothing to do with the guilt or innocence of the fact
Cooper, J., delivered the
opinion of the court.
The court properly refused the instruction asked by the appellant,
and the verdict of guilty is sustained by the evidence.
The defendant did the act forbidden by the statute, which makes the
prohibited fact and not the intent criminal. Bishop on
Statutory Crimes, § 789; State v. Speller, 86 N.C.
697; Preston v. The State, 63 Ala. 127; Titus
v. The State, 42 Texas, 578; Carroll v. The State, 28 Ark. 99; Walls v. The State, 7 Blackf. 572.