Jones v. State
Supreme Court of Alabama
From the Circuit Court of Geneva. Tried before the Hon. J. McCaleb Wiley. The prisoner in this case was indicted for carrying a pistol concealed about his person, and pleaded not guilty to the indictment.
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From the Circuit Court of Geneva. Tried before the Hon. J. McCaleb Wiley. The prisoner in this case was indicted for carrying a pistol concealed about his person, and pleaded not guilty to the indictment. On the trial, as the bill of exceptions states, one Bircb was introduced as a witness for tbe prosecution, wbo testified tbat, on a particular day witbin tbe period covered by tbe indictment, he walked with tbe defendant to a spring, where tbe defendant knelt down to drink; “ tbat while kneeling-down, bis coat-tail fell over behind, and witness saw tbe end of a pistol on him, and in bis rear…
1Opinion of the CourtB. F. Saffold, J.
To constitute concealment, it is not necessary tbat tbe weapon may be seen from without, by inspection, or examination, more or less close; it is sufficient if it is hidden from ordinary observation ; and this must be determined by tbe jury. Of course, if the jury are not convinced of its being carried concealed, tbe defendant must be acquitted. One witness testified, that tbe pistol was strapped around tbe defendant’s waist, in such manner as to exhibit the handle of it to persons in front of him. Tbe court erred in refusing to charge tbe jury, as requested, tbat they must acquit *18the…
2Cited by4 opinions
- Mularkey v. StateWisconsin Supreme Court · 1930
- Ramsey v. StateSupreme Court of Alabama · 1890
- Smith v. StateSupreme Court of Alabama · 1892
- State v. JohnsonSupreme Court of South Carolina · 1881