Legal Opinion

Prior v. State

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 7 opinions

Prom the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. In this case, the defendant was indicted for carrying a pistol concealed about his person.

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Prom the Criminal Court of Pike. Tried before the Hon. Wm. H. Parks. In this case, the defendant was indicted for carrying a pistol concealed about his person. On the trial, one' Dickinson, a witness for the prosecution, testified that, on a day named, he was present at a camp-meeting with the defendant and others, and saw a pistol fall out of the defendant’s hip-pocket, that he picked it up, and handed it to the defendant, who then put it in his pocket, where it was out of sight; that the pistol fell out a second time, was picked up by another person, handed to the defendant, and again put…

1Opinion of the CourtHead, J.

Defendant, being on trial for the offense of carrying concealed weapons, testified as a witness in his own behalf. The State introduced in evidence the record of his prior conviction, and sentence thereon, of the offense of petit larceny, for the purpose solely of affecting his credibility as a witness. It was so expressly limited by the court. There was a general objection by the defendant to its introduction, which was overruled, a,nd defendant excepted. The ruling of the court was proper, under the influence of section 276(5 of the Code of 1886.

The charge requested by the defendant is bad…

2Cited by7 opinions

  1. Nickels v. StateSupreme Court of Florida · 1925
  2. Thompson v. StateSupreme Court of Alabama · 1893
  3. Moore v. StateAlabama Court of Appeals · 1915
  4. Spicer v. StateSupreme Court of Alabama · 1894
  5. Marasso v. StateAlabama Court of Appeals · 1922

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