Maxwell v. State
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. John Maxwell was prosecuted for carrying a pistol concealed about his person, and appeals.
1Opinion of the CourtBrown, P. J.
The appellant’s contention here is that the trial court erred in refusing the affirmative charge requested by him in writing. The state’s witness Ferguson testified that defendant got out of the surrey after his arrest with' a small handbag in his hand, and walked up the road, and dumped its contents in a ditch; that witness saw the bulk of the pistol at this time, and that it was concealed in the handbag, and could not be seen before defendant opened the handbag and threw the pistol out.
The undisputed evidence shows that the pistol was found on the side of the road where Ferguson testified…
2Cases cited4 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Nichols v. StateAlabama Court of Appeals · 1912
- Diffey v. StateSupreme Court of Alabama · 1888
- Johnson v. StateAlabama Court of Appeals · 1914