Nichols v. State
Supreme Court of Alabama
From the Circuit Court of Butler. Tried before the Honorable John R. Tyson. The defendant was tried under an indictment charging him with carrying a pistol concealed about his person; the State examined a witness who testified that he was a member of the grand jury for Butler county, and that during the session of the court he met the defendant in the hallway of the courthouse and shook hands with him.
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From the Circuit Court of Butler. Tried before the Honorable John R. Tyson. The defendant was tried under an indictment charging him with carrying a pistol concealed about his person; the State examined a witness who testified that he was a member of the grand jury for Butler county, and that during the session of the court he met the defendant in the hallway of the courthouse and shook hands with him. That as defendant stooped forward to shake hands the witness saw a pistol sticking down between the waistband of his pants and his body, on the right side; that the handle of the pistol was…
1Opinion of the CourtMcCLELLAN, J.
The inquiry being whether at a given time and place the defendant carried a pistol concealed about his person and there being' evidence tending to show that at such time and place he did carry a pistol concealed about his person, he offered to show that at another place in the vicinity, i. e. in the same town, during the same week or rather, “during that term of the court,” the defendant had a pistol which was not concealed. This testimony was properly excluded. The fact that the defendant “had a pistol,” it not appearing even that he had it “about his person” which was not concealed at one…
2Cases cited1 opinion
- Ayers v. StateSupreme Court of Alabama · 1881
3Cited by13 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Morris v. StateSupreme Court of Alabama · 1899
- Palmer v. StateSupreme Court of Alabama · 1910
- Duck v. StateAlabama Court of Appeals · 1957
- McGrew v. StateAlabama Court of Appeals · 1926
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