House v. State
Supreme Court of Alabama
Appeal from the Oitv Court of Anniston. Tried before the Hon. Thomas W. Coleman, Je. The appellant in this case, Joe House, was indicted, tried and convicted for carrying a pistol concealed about his person. When the case was called for trial, the defendant moved the court for a continuance on account of the absence of Frank Stevens and Sam Sherbert, material witnesses for the defendant.
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Appeal from the Oitv Court of Anniston. Tried before the Hon. Thomas W. Coleman, Je. The appellant in this case, Joe House, was indicted, tried and convicted for carrying a pistol concealed about his person. When the case was called for trial, the defendant moved the court for a continuance on account of the absence of Frank Stevens and Sam Sherbert, material witnesses for the defendant. The bill of exceptions contains the following recital as to the grounds of said motion: “It urns shown that the said Slierbert had been duly subpoenaed and was not absent by the procurement or consent of the…
1Opinion of the Court
TYSON, J. —
The action of the court in refusing to continue the case was proper.
There was no error in sustaining the objection to the question propounded by defendant to his witness Jim Hazle. It clearly called for illegal testimony.
It is sufficient to say of charges 2 and 3 refused to defendant, that they were vicious in asserting, on the facts postulated, his right to carry the pistol concealed. — § 4420 of the Code; Baker v. State, 126 Ala. 83.
There was, of course, no error in refusing the affirmative charge requested by defendant.
Affirmed.
2Cases cited1 opinion
- Barker v. StateSupreme Court of Alabama · 1899
3Cited by7 opinions
- Godfrey v. StateCourt of Criminal Appeals of Alabama · 1980
- Stallworth v. StateSupreme Court of Alabama · 1906
- Powell v. StateAlabama Court of Appeals · 1957
- Murph v. StateSupreme Court of Alabama · 1907
- Gilbert v. StateAlabama Court of Appeals · 1911
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