Shields v. State
Supreme Court of Alabama
Appeal from the County Court' of Wilcox. Twd..before .the Hon. ,J. T.- Beck. * The defendant was prosecuted under ¿"complaint charging him with the offense of carrying a pistol concealed about his person, and was convicted therefor.
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Appeal from the County Court' of Wilcox. Twd..before .the Hon. ,J. T.- Beck. * The defendant was prosecuted under ¿"complaint charging him with the offense of carrying a pistol concealed about his person, and was convicted therefor. On the trial of the case, as is shown by the bill of exceptions, the State introduced as a witness M. E. Curtis, sheriff of Wilcox county, who testified that the defendant, with two others, came to the jail of Wilcox county, and asked to be allowed to see a cousin, who was then a prisoner confined in said jail; that said Curtis told them that they could not go…
1Opinion of the CourtBriokell, C. J.
The proposition, underlying the *37objections to the admissibility of the evidence of the discovery of the pistol concealed about the person of the defendant, and which is pressed in the argument of counsel, is, that the search was unauthorized and illegal; and as it was unauthorized and illegal the admission of evidence obtained by it, to fix the guilt of a criminal offense upon the person searched, is violative of the constitutional guaranty, that the accused shall not be compelled to give evidence against himself ; and of the further guaranty, “that the people shall be secure in their…
2Cases cited14 opinions
- People v. BarkerMichigan Supreme Court · 1886
- Brister v. StateSupreme Court of Alabama · 1855
- Pierson v. StateSupreme Court of Alabama · 1892
- Heldt v. StateNebraska Supreme Court · 1886
- King v. StateSupreme Court of Alabama · 1867
9 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Elkins v. United StatesSupreme Court of the United States · 1960
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Duncan v. StateSupreme Court of Alabama · 1965
- Youman v. CommonwealthCourt of Appeals of Kentucky · 1920
- State v. HeightSupreme Court of Iowa · 1902
67 more not listed; retrieve them via the Exa API.