Brown v. State
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. D. K. Miller. The appellant in this case was indicted, tried and convicted tor carrying a pistol concealed about his person.
Read the full summary
Appeal from the City Court of Talladega. Tried before the Hon. D. K. Miller. The appellant in this case was indicted, tried and convicted tor carrying a pistol concealed about his person. The defendant filed a special plea of former conviction, in which he averred that the same grand jury which preferred ■ the present indictment against him, preferred an indictment against Mm for assault with intent to murder one Teague Cunningham with a pistol; that upon the trial under the indictment charging an assault with intent to murder, the defendant was convicted of an assault and battery with a…
1Opinion of the Court
MoOLELLAN, G. J.
The demurrer to defendant’s plea, of former conviction was properly sustained. Gordon v. State, 71 Ala. 315; Hall v. State, 134 Ala. 90, 115, and authorities there cited.
It was competent, for Cunningham, the State’s witness, to testify that he had seen the defendant with a pistol within twelve months prior to the date of finding the indictment. This was merely preliminary to showing that defendant had the pistol concealed about his person. If that part of the witness’ statement to the effect that defendant had shot him with the pistol, the whole statement being, “I saw him…
2Cases cited2 opinions
- Hall v. StateSupreme Court of Alabama · 1901
- Gordon v. StateSupreme Court of Alabama · 1882
3Cited by7 opinions
- Felton v. StateCourt of Criminal Appeals of Alabama · 1971
- Moore v. StateSupreme Court of Alabama · 1908
- Untreinor v. StateSupreme Court of Alabama · 1906
- Martin v. StateAlabama Court of Appeals · 1929
- Owens v. StateAlabama Court of Appeals · 1932
2 more not listed; retrieve them via the Exa API.