Legal Opinion

Dunston v. State

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 5 opinions

Appeal from-Geneva Circuit Court.- Tried before I-Ion. A. H. Alston. The facts were .that the defendant was arrested by officers in his cabin, and on being searched a pistol was found concealed about his person.

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Appeal from-Geneva Circuit Court.- Tried before I-Ion. A. H. Alston. The facts were .that the defendant was arrested by officers in his cabin, and on being searched a pistol was found concealed about his person. There was no evidence that he had at any time left the cabin with the pis tol or that any one had been present with him in the room except the officers when they went to arrest him. cited, Owen v. State., 31 Ala. 387. cited, Hammon v. State, 69 Ala. 248; Owen v. State, 31 Ala. 387.

1Opinion of the CourtSharpe, J.

-Neither by the letter nor by the spirit of the statute prohibiting the carrying of weapons,concealed about the person is any exception created in-fayor of place. One of the objects of the law is the avoidance *90of bad influences which the wearing of a concealed deadly weapon may exert upon the wearer himself, and which in that way, as well as by the weapon’s obscured convenience for use, may tend to the insecurity of other persons. — Owens v. State, 31 Ala. 387; Reid v. State, 1 Ala. 612.

The mental suggestions which proceed from constant contact with weapons specially adapted to, and usually…

2Cases cited3 opinions

  1. State v. ReidSupreme Court of Alabama · 1840
  2. Owen v. StateSupreme Court of Alabama · 1858
  3. Harman v. StateSupreme Court of Alabama · 1881

3Cited by5 opinions

  1. Klein v. LeisOhio Supreme Court · 2003
  2. Commonwealth v. PuckettCourt of Appeals of Kentucky (pre-1976) · 1939
  3. State v. BrinkleyCourt of Special Appeals of Maryland · 1995
  4. State v. GagliotaNew York Court of General Session of the Peace · 1923
  5. State v. NietoOhio Supreme Court · 1920

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