STATE v. TAYLOR

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.