Smith v. State
Alabama Court of Appeals
Carrying Concealed Weapons. Enoch Smith was convicted of carrying concealed weapons, and he appeals. The facts sufficiently appear from the opinion. Charge 2 is as follows: If the evidence only establishes the fact that the defendant threw the pistol out of the window, you cannot convict him.
1Opinion of the CourtBrown, J.
The defendant was tried on a charge of carrying a pistol concealed about his person or on premises not his own or under his control, in violation of the statute (Acts Sp. Sess. 1909, 258).(1) The only question presented is whether .the evidence was sufficient to justify a submission of the easel to the jury; the defendant contending that the evidence shows without room for adverse inference that the pistol belonged to Cephus, and that it was on the mantel in Cephus’ house when defendant picked it up and threw or shoved it through the window. The state’s witness Green testified: “That he was…
2Cases cited2 opinions
- Nichols v. StateAlabama Court of Appeals · 1912
- Posey v. StateAlabama Court of Appeals · 1912