Millner v. State
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G-. K. Miller. Will Millner was convicted of carrying a concealed pistol, and he appeals. Defendant was indicted for carrying* a pistol concealed. The appeal is prosecuted from a judgment of the court trying the defendant without a jury.
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Appeal from Talladega City Court. Heard before Hon. G-. K. Miller. Will Millner was convicted of carrying a concealed pistol, and he appeals. Defendant was indicted for carrying* a pistol concealed. The appeal is prosecuted from a judgment of the court trying the defendant without a jury. The witness Davis, testifying for the prosecution, said that late one afternoon he passed the defendant, going in about three feet of him, and saw no weapon about the defendant at that time; that defendant was dressed in a full sack suit; that about 15 minutes after that ime, when he was about 15 feet away…
1Opinion of the CourtMcCLELLAN, J.
The appellant was convicted of the offense of carrying a. concealed pistol, upon the trial by the judge of the city court'without jury. His insistence is that the evidence adduced did not warrant the judgment rendered.
While it is by statute made the duty of this court to review, without favorable presumption, the conclusions and judgments of the lower court upon the evidence, this court has repeatedly declared that such conclusions and judgments, if based' upon the evidence delivered ore ten us, must be given the force and effect of a finding by a jury, and, unless plainly erroneous, will not…
2Cases cited4 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
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- Ward v. ShirleySupreme Court of Alabama · 1901
- Little v. SmithSupreme Court of Alabama · 1898
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