Gainey v. State
Supreme Court of Alabama
Appeal from the County Court of Geneva. Tried before the Hon. P. N. Hickman. The appellant in this case, George Gainey, was prosecuted and convicted for carrying a pistol concealed about his person. The facts of the case, necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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Appeal from the County Court of Geneva. Tried before the Hon. P. N. Hickman. The appellant in this case, George Gainey, was prosecuted and convicted for carrying a pistol concealed about his person. The facts of the case, necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. The charge requested by the defendant should have been' given. — Bain v. State, 74 Ala. 38; Winslow v. State, 76 Ala. 42; Smith v. State, 92 Ala. 30; Croft v. State, 95 Ala. 3; Whitaker v. State, 106 Ala. 35; Churolncell v. State, 117 Ala. 127. The State should not…
1Opinion of the CourtHaralson, J.
The witness for the State, Sykes, testified that at a particular time and place he saw the defendant with a pistol concealed on his person. The solicitor asked the witness: “At thp time you saw the pistol, what was the defendant’s condition as to being-drunk or sober?” The defendant objected to the question as calling for evidence irrelevant and immaterial to the issue in the cause. The court overruled the objection and allowed the witness to' answer- that he was drunk. The fact that defendant was drunk on the occasion referred to, had no tendency to prove the Charge against him, but it did…
2Cases cited2 opinions
- Carr v. StateSupreme Court of Alabama · 1894
- Berney v. StateSupreme Court of Alabama · 1881
3Cited by8 opinions
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Byrd v. StateAlabama Court of Appeals · 1920
- Mathis v. StateAlabama Court of Appeals · 1916
- Smith v. StateAlabama Court of Appeals · 1939
- Huguley v. StateAlabama Court of Appeals · 1912
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