State v. Ware

Citations

• 102 Miss. 634
• 54 So. 854

Syllabus

<p>1. Weapons. Deadly weapons. ’ Pocket knife. Code 1906, section 1110. Constitution.</p> <p>A pocketknife is a deadly weapon under the provisions of Code 1906, section 1110, making it a criminal offense to exhibit a deadly weapon in a rude, angry or threatening manner in the presence of three or more witnesses.</p> <p>2. Construction oe Statutes.</p> <p>Criminal statutes must.be strictly construed and the courts have no power to add to or take from them; but this does not meaii that such statutes are to be construed with such technical strictness as to defeat the purpose of ascertaining the true meaning thereof. The true meaning of statutes, when ascertained, will be enforced by the court, even to the extent of correcting errors in the language in which they are couched.</p> <p>3. Code 1906, Sections 1106, 1107, 1108, 1109, 1110. Construction.</p> <p>The word “such” in the beginning of section 1110, Code 1906, does not limit the persons to be charged under this section to those classes of persons mentioned in sections 1106, 1107, 1108 and 1109 of Code 1906. The word “such” was inserted in section 1110 of the Code 1906 in the phrase “If any such person,” through a clerical mistake and the legislature intended to make all persons subject to prosecution for vialotion of this statute.</p>