Gholson v. State
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Tried before Hon. W. B. Wool. The appellant was indicted and convicted for carrying concealed weapons. The evidence showed that, at the time of the alleged offense, he was returning in a wagon from Tuscumbia, in Colbert county, to his residence in Franklin county, a distance of twenty-three miles. Upon this evidence, he requested the court to charge the jury, in substance, that he was traveling, and therefore not guilty.
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Appeal from Franklin Circuit Court. Tried before Hon. W. B. Wool. The appellant was indicted and convicted for carrying concealed weapons. The evidence showed that, at the time of the alleged offense, he was returning in a wagon from Tuscumbia, in Colbert county, to his residence in Franklin county, a distance of twenty-three miles. Upon this evidence, he requested the court to charge the jury, in substance, that he was traveling, and therefore not guilty. The court refused to give the charge, and its refusal is now assigned as error. cited Lockett v. State, 47 Ala. 42.
1Opinion of the CourtBrickell, C. J.
There are but few, if any, provisions of the Revised Code, which the judiciary should more vigilantly uphold, and rigidly enforce, than those denouncing and punishing the pernicious and too prevalent practice of carrying weapons concealed. It has led, and leads frequently to causeless homicides, and breaches of the peace, which would not otherwise be perpetrated. It was said by this court, years ago: “Much of the waste and destruction of life, under which society is suffering, grows out of the pernicious practice, too' prevalent among our citizens, even in the peaceful pursuits of life, of…
2Cases cited3 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Sellers v. StateSupreme Court of Alabama · 1873
- Lockett v. StateSupreme Court of Alabama · 1872
3Cited by4 opinions
- McGuirk v. StateMississippi Supreme Court · 1886
- State v. SmithIndiana Supreme Court · 1901
- Wilson v. StateSupreme Court of Alabama · 1880
- Coker v. StateSupreme Court of Alabama · 1879