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.
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.