Smith v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Winston. Tried before the Hon. Jahes B. Head. Upon the introduction of all the evidence, the court, in its géneral charge to the jury, instructed them as follows: “If the pistol was in such a position under defendant’s coat that the defendant’s coat, by reason of being over it, prevented it being seen by a person on the left front of defendant, and but for his coat the pistol could have been seen by a person on the left front of defendant,…
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Appeal from the Circuit Court of Winston. Tried before the Hon. Jahes B. Head. Upon the introduction of all the evidence, the court, in its géneral charge to the jury, instructed them as follows: “If the pistol was in such a position under defendant’s coat that the defendant’s coat, by reason of being over it, prevented it being seen by a person on the left front of defendant, and but for his coat the pistol could have been seen by a person on the left front of defendant, then the defendant was guilty, although it was open to the ordinary observation of a person immediately in front of or on…
1Opinion of the CourtThorinoton, J.
Appellant was indicted and convicted for carrying a pistol concealed about his person in violation of section 8775 of the Code. The only exceptions reserved on the trial are to the general charge given by the court, and the refusal of the court to give the charge asked by appellant.
The facts necessary to a clear understanding of the action of the court in these particulars are as follows: Defendant and one McCullar were passing the former’s boarding place, when he went into the house and shortly afterward returned, Avhere McCullar was awaiting him, bringing a pistol in his hand. After the two…
2Cases cited3 opinions
- Street v. StateSupreme Court of Alabama · 1880
- Ramsey v. StateSupreme Court of Alabama · 1890
- Jones v. StateSupreme Court of Alabama · 1874
3Cited by4 opinions
- Driggers v. StateSupreme Court of Alabama · 1898
- Mularkey v. StateWisconsin Supreme Court · 1930
- State v. AdamsCourt of Appeals of Arizona · 1997
- Hainey v. StateSupreme Court of Alabama · 1906