Atwood v. State
Supreme Court of Alabama
Appeal from Circuit Court of Walker. Tried before Hon. WM. S. Mudd. The appellant was tried and convicted of the offeúse óf carrying concealed weapons.
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Appeal from Circuit Court of Walker. Tried before Hon. WM. S. Mudd. The appellant was tried and convicted of the offeúse óf carrying concealed weapons. The evidence showed that the pistol carried was one with the tubes much flattened, and out of order; that one of the locks was so much out of order that it would not stand cocked at all, and the other would not work with sufficient force to explode a cap ; but that the pistol could be discharged by drawing the hammer further back and letting it fall from the hand, or by striking the caps with a knife. This was all the evidence, and the court…
1Opinion of the CourtBrickell, C. J.
The only inquiry presented by the evidence was, whether the weapon carried by the appellant was a pistol, within the meaning of the statute against carrying concealed weapons. R. C. § 3555. The offense does not consist in the carrying a pistol which is capable of being used as a weapon of present offense or defense. If it did, a pistol not loaded would not constitute the offense. Yet it has been expressly decided, under a statute similar to ours, the offense was complete though the pistol was not loaded, and therefore not capable of use as a fire-arm. State v. Dugan, 6 Blackf. 31. Nor are we…
2Cases cited1 opinion
- State v. DuzanIndiana Supreme Court · 1841
3Cited by14 opinions
- Commonwealth v. BartholomewMassachusetts Supreme Judicial Court · 1950
- People v. HalleyAppellate Court of Illinois · 1971
- People v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1927
- State v. MorrisSupreme Court of Missouri · 1915
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1896
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