Pitman v. State

Smith, C. J., 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.