Lockett v. State
Supreme Court of Alabama
Appeal from Circuit Court of Perry. Tried before Hon. M. J. Saffold. Reid Lockett, freedman, being indicted and on trial for carrying a pistol concealed about his person, the State introduced a witness who testified, that some time in August, 1871, while coming from Selma on the passenger train, he noticed defendant, and some time after this he saw the conductor eject defendant from the train for drunken and boisterous conduct.
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Appeal from Circuit Court of Perry. Tried before Hon. M. J. Saffold. Reid Lockett, freedman, being indicted and on trial for carrying a pistol concealed about his person, the State introduced a witness who testified, that some time in August, 1871, while coming from Selma on the passenger train, he noticed defendant, and some time after this he saw the conductor eject defendant from the train for drunken and boisterous conduct. At the time a brakeman, who was aiding the conductor, took from Lockett a pistol which Lockett had drawn, and immediately afterwards defendant exhibited another…
1Opinion of the CourtPeters, J.
This is- an indictment under the statute for carrying a pistol concealed about the person of the accused. There was a conviction in the court below, and the defendant was fined fifty dollars. From this conviction he appeals to this court.
The record shows that the jury was- “ duly empanneled and sworn according to law, well and truly to try the issue joined.” This could not be, unless the oath administered was that laid down in the Revised Code. It was therefore sufficient.
The defendant, in the court below, for his defense relies on the fact that he was “traveling” at the time when the offense…
2Cases cited3 opinions
- State v. ReidSupreme Court of Alabama · 1840
- Owen v. StateSupreme Court of Alabama · 1858
- Sears v. StateSupreme Court of Alabama · 1859
3Cited by4 opinions
- Price Co. v. City of AtlantaSupreme Court of Georgia · 1898
- Burst v. StateIndiana Supreme Court · 1883
- Gholson v. StateSupreme Court of Alabama · 1875
- Wilson v. StateSupreme Court of Alabama · 1880