Barker v. State
Supreme Court of Alabama
Appeal from the County Court of Morgan. Tried before the Hon. William E. Skeggs. The appellant, Porter Barker, a negro, was indicted, tried and convicted for carrying a pistol concealed about his person. On the trial of the case, the State introduced evidence tending to show that the defendant, at the certain designated time and place, had concealed about his person a pistol.
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Appeal from the County Court of Morgan. Tried before the Hon. William E. Skeggs. The appellant, Porter Barker, a negro, was indicted, tried and convicted for carrying a pistol concealed about his person. On the trial of the case, the State introduced evidence tending to show that the defendant, at the certain designated time and place, had concealed about his person a pistol. The defendant introduced evidence tending to show that a certain named person had threatened to kill him; that these threats had been communicated to the defendant, and that it was for this reason that he ivas carrying…
1Opinion of the CourtDowdell, J.
It is not permissible for a defendant when examined as a witness in his own behalf to testify as to his intention or motive for doing an act. 'This principle is too well settled in this State to admit of controversy. The trial court very properly sustained the State’s objection to this testimony.
Nor is it permissible on a charge for carrying concealed weapons, for the defendant to prove that he had been advised to arm himself.—Berney v. State, 69 Ala. 233.
Good reason to apprehend an attack does not give to the defendant the absolute and unqualified right to ■carry a weapon concealed about his…
2Cases cited1 opinion
- Berney v. StateSupreme Court of Alabama · 1881
3Cited by6 opinions
- Patterson v. StateAlabama Court of Appeals · 1930
- Fielding v. StateSupreme Court of Alabama · 1902
- Hodges v. StateAlabama Court of Appeals · 1969
- House v. StateSupreme Court of Alabama · 1903
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1991
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