Collier v. State
Supreme Court of Alabama
Fbom the Circuit Court of Bussell. Tried before the Hou. H. D. Clayton. Tbe defendant in this case was indicted for carrying a pistol concealed about bis person.' “ On the trial,” as the bill of exceptions states, “ there was proof by one Abe Wooten tending to show that, in the winter of 1880-81, tbe defendant carried a pistol concealed in his pocket; that said Abe Wooten had stated to two persons, at different times, shortly before defendant was seen with the pistol, that…
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Fbom the Circuit Court of Bussell. Tried before the Hou. H. D. Clayton. Tbe defendant in this case was indicted for carrying a pistol concealed about bis person.' “ On the trial,” as the bill of exceptions states, “ there was proof by one Abe Wooten tending to show that, in the winter of 1880-81, tbe defendant carried a pistol concealed in his pocket; that said Abe Wooten had stated to two persons, at different times, shortly before defendant was seen with the pistol, that he would kill tbe defendant if be was the last man on earth; and that these threats bad been communicated to tbe…
1Opinion of the CourtStone, J.
The present indictment was found at the Spring term, 1881. The record fails to show the precise date when the offense was committed. We suppose it was before section 4109 of the Code was amended—February 19th, 1881.—Pamph. Acts, 38. The rulings in the case lead to* this conclusion. Under this section, before the amendment, a person threatened with, or having good reason to apprehend an attack, could carry a pistol concealed about his person. Construing this statute, we have held, and still hold, that the purpose of this provision was, that the person thus menaced might, carry such weapon as a…
2Cases cited2 opinions
- Shorter v. StateSupreme Court of Alabama · 1879
- Stroud v. StateSupreme Court of Alabama · 1876