Opinion
(Decided 21 March, 1899.)
Carrying Concealed Weapons — The Code, Sec. 1005 — Construction — Penal Statute.
In a penal statute, "or" will never be construed "and," so as to make it more penal.
INDICTMENT for carrying concealed weapon, tried before Robinson, J., at November Term, 1898, of LENOIR.
Attorney-General for the State.
Simmons, Pou Ward for appellant.
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.
Remanded for proper sentence. S. v. Walters, 97 N.C. 489; S. v. Johnson, 94 N.C. 863; S. v. Kearney, 8 N.C. 53.
REMANDED.
Cited: S. v. Walker, 179 N.C. 733.
(804)