Smith v. State
Supreme Court of Alabama
From the County of Court of Macon. Tried before the Hon. P. S. Holt. The prosecution in this case was commenced by an affidavit, made by Amanda Brown, on the 16th February, 1885, which charged, “that John Smith carried a pistol concealed about his person, and that said offense was committed in said county of Macon.”
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From the County of Court of Macon. Tried before the Hon. P. S. Holt. The prosecution in this case was commenced by an affidavit, made by Amanda Brown, on the 16th February, 1885, which charged, “that John Smith carried a pistol concealed about his person, and that said offense was committed in said county of Macon.” On the trial, as the record and bill of exceptions show, the defendant having pleaded a former acquittal, on which plea issue was joined, he introduced in evidence the record of a former acquittal, and the affidavit on which it was founded. That affidavit was made by Eli Butler,…
1Opinion of the Court
STONE, O. J.
Defendant was prosecuted for carrying a pistol concealed about his person, under section 4109, as amended by act approved February 19, 1881. — Sess. Acts, 38. To carry, in this statute, means “ to convey, bear, or transport, by sustaining the thing carried, or causing it to be sustained.” Worcester’s Dictionary. We think that, ex vi termini, it is *259continuous in its nature, and that the two alleged acts shown in the proof, amount to no more than one continuous act of carrying.—Owens v. The State, 74 Ala. 401. Any other interpretation would furnish no rule for determining into how…
2Cases cited1 opinion
- Owens v. StateSupreme Court of Alabama · 1883
3Cited by6 opinions
- State v. McAninchSupreme Court of Iowa · 1915
- Ladd v. StateSupreme Court of Alabama · 1890
- Jones v. StateAlabama Court of Appeals · 1924
- Dean v. StateSupreme Court of Alabama · 1893
- Etress v. StateSupreme Court of Alabama · 1889
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