Bell v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. S'oldie. Fred Bell was convicted of carrying concealed weapons, and he appeals. ■ Charge B is as follows: The burden of proof is- on the state to prove to you beyond a reasonable doubt from the evidence that at the. time Bell had the pistol he was upon the property of the railroad, and, if you have a reasonable doubt as to this from the evidence, you will acquit. Charge A is the general affirmative charge.
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Appeal from Barbour Circuit Court. Heard before Hon. M. S'oldie. Fred Bell was convicted of carrying concealed weapons, and he appeals. ■ Charge B is as follows: The burden of proof is- on the state to prove to you beyond a reasonable doubt from the evidence that at the. time Bell had the pistol he was upon the property of the railroad, and, if you have a reasonable doubt as to this from the evidence, you will acquit. Charge A is the general affirmative charge. At the request of the defendant the court charged the jury that the burden was upon the state to show from the evidence beyond a…
1Opinion of the CourtWalker, P. J.
The testimony was without dispute to the effect that the place where the defendant was when he had a pistol in. his hand was at the time in the possession of the Central of Georgia Railroad Company, and was within the inclosure of a structure which then was in course of erection and has since been completed by the railroad company. The evidence that that space was then used as a passageway by the public in going to and from the trains, and was spoken of by the witness as a sidewalk, had no tendency, in view of the testimony of the witness as a whole, to prove that it was a part of a public…
2Cases cited2 opinions
- Isaiah v. StateSupreme Court of Alabama · 1911
- Johnson v. StateAlabama Court of Appeals · 1911
3Cited by1 opinion
- Tulley v. City of JacksonvilleCourt of Criminal Appeals of Alabama · 2014