#### STATE v. DANIEL G. TAYLOR.

(Decided March 21, 1899).

Carrying Concealed Weapons — The Code, Section 1005— Construction — Penal Statute.

In a penal statute, '1 or ” will never be construed. 1! and,” so as to make it more penal. State v. Kearney, 8 N. C., 53.

INDICTMENT for carrying a concealed weapon, tried before Iiobinson, J., at November Term, 1898, of tbe Superior Court of Lenoie 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 éxcessive and contrary „ to the spirit of the Court .and the laxo.

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. State v. Walters, 97 N. C., 489; State v. Johnson, 94 N. C., 863; State v. Kearney, 8 N. C., 53.