Maxwell v. State
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. A. H. Alston. The defendant was tried and convicted of carrying concealed weapons, and fined twenty-five dollars. On the trial, the State introduced evidence showing the carrying by the defendant of a concealed pistol, in the town of Stevenson, Jackson County. The defendant introduced evidence showing that one J. H..
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Appeal from Jackson Circuit Court. Tried before Hon. A. H. Alston. The defendant was tried and convicted of carrying concealed weapons, and fined twenty-five dollars. On the trial, the State introduced evidence showing the carrying by the defendant of a concealed pistol, in the town of Stevenson, Jackson County. The defendant introduced evidence showing that one J. H.. Cameron, a day or two before the offense charged, had made threats against the life of the defendant, which threats had been communicated to him. That defendant was a mail carrier, and that his duties as such made it necessary…
1Opinion of the CourtDowdell, J.
The portion of the oral charge oi the court excepted to by the defendant was free from error. So too, the refusal of the court to give written charges 1 and 2, requested by the defendant, was free from error.- — Eslava v. State, 49 Ala. 355; Chatteaux v. State, 52 Ala. 388.
The minimum fine for the offense of carrying a concealed pistol is fifty dollars. The statute, however, provides, “But the defendant may give evidence that, at the time of carrying the wean on concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment, or justification…
2Cases cited3 opinions
- Chatteaux v. StateSupreme Court of Alabama · 1875
- Eslava v. StateSupreme Court of Alabama · 1873
- Bass v. StateSupreme Court of Alabama · 1879
3Cited by2 opinions
- Patterson v. StateAlabama Court of Appeals · 1930
- Little v. StateAlabama Court of Appeals · 1918