Legal Opinion

Reach v. State

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 3 opinions

From the Circuit Court of Bibb. Tried before the Hou. Jas. R. Dowdell.

1Opinion of the CourtMoOLELLAN, J.

— Successive amendments of the statute against carrying concealed weapons have eliminated from it all positive exceptions to its operation, and left but one loophole of escape from- conviction open to a defendant who is shown to have carried a weapon concealed about his person. *114He is allowed to prove “that, at the time of carrying the weapon concealed, he had good reason, to apprehend an attack;” and this fact “the jury may consider in mitigation of the punishment, or justification of the offense.” — Code, § 3775. But they are not bound either to acquit the defendant, or lessen their…

2Cited by3 opinions

  1. Sloss Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
  2. Johnson v. StateAlabama Court of Appeals · 1917
  3. Little v. StateAlabama Court of Appeals · 1918

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