Sears v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. William M. Brooks. The indictment in this case charged, that the prisoner, Eli T. Sears, “ carried concealed about his person a bowie-knife, or knife or instrument of like kind or description.”
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Appeal from the Circuit Court of Autauga. Tried before the Hon. William M. Brooks. The indictment in this case charged, that the prisoner, Eli T. Sears, “ carried concealed about his person a bowie-knife, or knife or instrument of like kind or description.” The evidence adduced on the trial is thus stated in the bill of exceptions: “ The State introduced a witness who testified, that in August, 1857, in said county, he saw the defendant, at his request, unbutton his vest, and take from a belt around him a knife, which was about from seven to ten inches long, from an inch to an inch and a…
1Opinion of the Court
RICE, C. J.—
In view of the evidence, and of the concession made by the defendant, “that he carried the knife spoken of by the witness concealed about his person, in the county of Autauga, within twelve months previous to the finding of the indictment,”—the charge given by the court below is free from error. But there is error in the refusal ■of the charge asked by the defendant. It might be, that a knife which, in some of its essential particulars, was unlike a bowie-knife, might be a knife of like kind and ■description with a bowie-knife, within the meaning of section 3273 of the Code. But…
2Cited by5 opinions
- Davis v. StateAlabama Court of Appeals · 1967
- Brooks v. StateTennessee Supreme Court · 1948
- Brewer v. StateSupreme Court of Alabama · 1896
- Lockett v. StateSupreme Court of Alabama · 1872
- Smelley v. StateCourt of Criminal Appeals of Alabama · 1985