Fielding v. State
Supreme Court of Alabama
Appeal from the City- Court of Montgomery. Tried before the Hon. William H. Tho'mas. The appellant in this case, Richard Fielding, was indicted, tried and convicted for carrying a- pistol concealed about his person.
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Appeal from the City- Court of Montgomery. Tried before the Hon. William H. Tho'mas. The appellant in this case, Richard Fielding, was indicted, tried and convicted for carrying a- pistol concealed about his person. The evidence for the State tended to sIioav that the defendant had concealed about his person twelve months before the finding of the indictment, in Montgomery county, a 22 calibre pistol; that although the main-spring was broken all the other parts of the pistol were in order, and that the pistol could he fired by striking the hammer with a knife or other instrument. There was…
1Opinion of the CourtDowdlel, J.
The defendant was indicted and convicted for carrying a pistol concealed about his person. The evidence showed that the pistol was complete in all of its parts-except that the main-spring was broken. It could not be fired in the usual manner, but could be discharged by striking the hammer with a knife or other instrument. The pistol as described falls within the influence of the statute against carrying concealed weapons.—Crim. Code, § 4420; Redus v. State, 82 Ala. 53.
It is the act of carrying the pistol concealed about the person which the law condemns, and it is, therefore, unimportant…
2Cases cited2 opinions
- Redus v. StateSupreme Court of Alabama · 1886
- Barker v. StateSupreme Court of Alabama · 1899
3Cited by8 opinions
- Commonwealth v. BartholomewMassachusetts Supreme Judicial Court · 1950
- State v. KowertzSupreme Court of Missouri · 1930
- People v. WilliamsCalifornia Court of Appeal · 1929
- State v. DorseySupreme Court of Missouri · 1973
- Johnson v. StateCourt of Criminal Appeals of Alabama · 1991
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