Eslava v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. C. F. Moulton. The defendant in this case was indicted for carrying concealed weapons, and was convicted under the charge of the court.
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From the City Court of Mobile. Tried before the Hon. C. F. Moulton. The defendant in this case was indicted for carrying concealed weapons, and was convicted under the charge of the court. “ On the trial,” as the bill of exceptions states, “ the State introduced one Lefranc as a witness, who testified that the defendant, within twelve months before the finding of the indictment, and in the County of Mobile, carried a pistol concealed in the inside breast-pocket of his coat; and that the occasion of its discovery was when the defendant assaulted witness on the public streets in the city of…
1Opinion of the CourtBrickell, J.
— In the charge given, and in the charge refused, the City Court committed no error prejudicial to the appellant. If it be conceded that the appellant had the right to carry the pistol concealed, because of the danger incident to his necessary travel to and from his residence and his place of business in the city, the right could only be coextensive with the necessity. If the necessity existed only while he was travelling, then, if after he reached the city and had a reasonable opportunity of divesting himself of the weapon, or of changing the manner of carrying it so as not to offend the…
2Cited by9 opinions
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- Davis v. StateSupreme Court of Arkansas · 1885
- McGuirk v. StateMississippi Supreme Court · 1886
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