Lenoir County NcArchives Court.....Daniel G. Taylor, State V. 1899
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 12, 2011, 1:47 pm

Source: N C Reports
Written: 1899

State v. Daniel G. Taylor

(Decided March 21, 1899)

Carrying Concealed Weapon - The Code, Section 1005 - Construction - Penal 
Statute

In a penal code, "or" will never be constued "and" so as to make it more penal.

Indictment for carrying a concealed weapon, tried before Robinson, J., at 
November Term, 1898, of the Superior Court of Lenoir County.

The defendant pleaded guilty and was adjudged to be imprisoned four months and 
pay a fine of $200 and costs.

The defendant excepted:

1. That the judgment is excessive and contrary to the spirit of the Court and 
the law.

2. That his Honor erred in imposing both fine and imprisonment.

Defendant appealed.

Messrs. Simmons, Pou & Ward for appellant
Attorney General for State

Per Curiam: Remanded for proper sentence.

Additional Comments:
In the NC Supreme Court February Term 1899

File at: http://files.usgwarchives.net/nc/lenoir/court/danielgt2135gwl.txt

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