Legal Opinion

Wilson v. State

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 3 opinions

Appeal from Bullock Circuit Court. Tried before Hon. H. D. Claytoh. Appellant was indicted at the Spring Term, 1881, of the Bullock Circuit Court, for carrying a pistol concealed about bis person.

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Appeal from Bullock Circuit Court. Tried before Hon. H. D. Claytoh. Appellant was indicted at the Spring Term, 1881, of the Bullock Circuit Court, for carrying a pistol concealed about bis person. The act for which be was indicted was done before the enactment of the statute of February 19th, 1881, and the indictment was found under section 4109 of the Code of 1876. It appears from the evidence that the defendant carried a pistol concealed about bis person at Mitchell’s Station, in Bullock county, on the 29th day of February, 1881. The defendant proved that at this time be was in the act of…

1Opinion of the CourtStone, J.

The act for which the defendant in this cause was indicted, was done before the enactment of the statute of February 19th, 1881.—Pamph. Acts, 38. Hence, this case is governed by section 4109 of the Code of 1876.

The question, what constitutes a journey, under our statute, has been several times before this court.—Lockett v. The State, 47 Ala. 42; Eslava v. The State, 49 Ala. 355; Gholson v. The State, 53 Ala. 519; Coker v. The State, 53 Ala. 95. The case of Gholson v. The State, is republished in 25 Amer. Rep. 652, to which is appended a note of many decisions bearing on a kindred question.…

2Cases cited4 opinions

  1. Waddell v. StateTexas Supreme Court · 1873
  2. Eslava v. StateSupreme Court of Alabama · 1873
  3. Gholson v. StateSupreme Court of Alabama · 1875
  4. Lockett v. StateSupreme Court of Alabama · 1872

3Cited by3 opinions

  1. Hathcote v. StateSupreme Court of Arkansas · 1891
  2. State v. SedilloNew Mexico Supreme Court · 1918
  3. Davis v. StateSupreme Court of Arkansas · 1885

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