Lindzey v. State

Citations

• 65 Miss. 542

Syllabus

<p>Carrying Concealed Weapon. Section 2985, Code of 18&0, amended by Act of. March 9, 1888. Ex post facto lam. Case in judgment.</p> <p>In December, 1887, L. was indicted under Section 2985, Code of 1880, which made it a misdemeanor for any person to carry concealed certain weapons except when “ having good and sufficient reason to apprehend an attack,” or in some other specified circumstances; and which prescribed as the penalty for such offence a fine, not exceeding one hundred dollars, and in the event the fine and costs be not paid, then work at hard labor, not exceeding two months. An act of the legislature, approved March 9, 1888, amended Section 2985 of the Code by striking out the words “having good and sufficient reason to apprehend an attack,” and providing, without any saving as to past offences, that the punishment for carrying concealed weapons shall be a fine, not exceeding one hundred dollars, “nor less than twenty-five dollars,” and in the event the fine and costs be not paid, then hard labor, not exceeding two months, “nor less than one month.” In May, 1858, L. was tried, convicted and sentenced to pay a fine of thirty dollars. Meld, that L. could not be punished under the original statute, because the vindicatory part thereof had been repealed, and he could not be punished under the amended law, because, as to him, it was ex'post facto and unconstitutional, for the reasons (1) that it precluded the defence of “having good and sufficient reason to apprehend an attack,” and (2) changed, but did not mitigate, the punishment originally prescribed.</p>