Hainey v. State
Supreme Court of Alabama
Appeal from Jackson.Circuit Court. Heard before IXon. W. W. Haralson. The state was permitted to prove, over the objection of defendant, that at the time of the carrying, the defendant was drunk or under the influence of whiskey.
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Appeal from Jackson.Circuit Court. Heard before IXon. W. W. Haralson. The state was permitted to prove, over the objection of defendant, that at the time of the carrying, the defendant was drunk or under the influence of whiskey. The state was also allowed to prove that Sam Hainey and the defendant were brothers, and that Sam Hainey was drunk also, and that the defendant stopped the marshal and his assistant while in the discharge of their duty in carrying Sam Hainey, under arrest, to town. The court improperly permitted proof that the defendant was under the influence of liquor, or drunk at…
1Opinion of the CourtDenson, J.
The defendant was convicted for carrying’ a pistol concealed about his person.
The defendant offered no evidence, and the point in the case on its merits was whether the pistol, which the testimony showed the defendant had, was carried in such manner as not to he discernable by ordinary observation; and this was a jury question. — Smith’s Case, 96 Ala. 66, 11 South. 71; Ramsey’s Case, 91 Ala. 29, 8 South. 568; Drigger’s Case, 123 Ala. 426, 26 South. 512.
Evidence that the defendant was drunlc at the time the state’s witness testified he saw him with the pistol, was not an issuable fact in the…
2Cases cited4 opinions
- Wells v. American Mortgage Co.Supreme Court of Alabama · 1898
- Ramsey v. StateSupreme Court of Alabama · 1890
- Smith v. StateSupreme Court of Alabama · 1892
- Dean v. StateSupreme Court of Alabama · 1893
3Cited by2 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1981
- State v. HettrickWashington Supreme Court · 1965