Reach v. State
Supreme Court of Alabama
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
- Sloss Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Johnson v. StateAlabama Court of Appeals · 1917
- Little v. StateAlabama Court of Appeals · 1918