Burgess v. State
Supreme Court of Alabama
Carrying Concealed Pistol. Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. W. A. Burgess was convicted of carrying a concealed weapon, and be appeals. Defendant filed a special plea setting up that tbe statute required tbe court to be beld in tbe conrtbouse of Cleburne county; whereas, tbe case was being tried and tbe court being beld in tbe Masonic Hall, in tbe town of Heflin. Tbe special plea was stricken from tbe files as being frivolous.
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Carrying Concealed Pistol. Appeal from Cleburne County Court. Heard before Hon. T. A. Johnson. W. A. Burgess was convicted of carrying a concealed weapon, and be appeals. Defendant filed a special plea setting up that tbe statute required tbe court to be beld in tbe conrtbouse of Cleburne county; whereas, tbe case was being tried and tbe court being beld in tbe Masonic Hall, in tbe town of Heflin. Tbe special plea was stricken from tbe files as being frivolous. Defendant asked tbe court to instruct: “Before a confession of guilt can be considered against a defendant, tbe corpus delicti must…
1Opinion of the CourtHaralson, J.
— The defendant was indicted for carrying a pistol concealed about his person.
On the trial, the defendant moved to quash the indictment on the ground, that the same was not found and returned by a grand jury that was drawn and summoned as authorized by law. In support of the motion, he introduced the order of the court made July 3, 1905, which recited, among other things, that “it appearing to the court that no grand jury had been summoned as required by law to serve at this term of this court, and further, in the opinion of the judge of this court, it is necessary that a grand jury be drawn…
2Cases cited5 opinions
- Pickens v. StateSupreme Court of Alabama · 1896
- Smith v. StateSupreme Court of Alabama · 1902
- Curry v. StateSupreme Court of Alabama · 1898
- Ex parte OwensSupreme Court of Alabama · 1906
- Yeats v. StateSupreme Court of Alabama · 1904
3Cited by1 opinion
- Burrow v. StateSupreme Court of Alabama · 1906