Legal Opinion

Hutchinson v. State

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 4 opinions

Appeal from Coffee Circuit Court. Tried before Hon. Henry D. Clayton. Tbe appellant, Neal Hutchinson, was tried and convicted of carrying a pistol concealed about his person. On the trial it was shown that the cylinder of the pistol was taken apart from the barrel, and while thus separated, the-appellant carried the pieces concealed about his person.

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Appeal from Coffee Circuit Court. Tried before Hon. Henry D. Clayton. Tbe appellant, Neal Hutchinson, was tried and convicted of carrying a pistol concealed about his person. On the trial it was shown that the cylinder of the pistol was taken apart from the barrel, and while thus separated, the-appellant carried the pieces concealed about his person. It was shown that the pistol could not be fired, either by the .lock or by a match, at the time it was put in the pocket of the appellant. It was also shown that all the parts of the pistol were perfect, and could have been put together. Upon…

1Opinion of the CourtManning, J.

Appellant was indicted for carrying a pistol concealed about his person. The evidence was that the cylinder of the pistol was separated from the rest of the fire-arm, and both parts carried by defendant in his pocket, without any thing to prevent an easy readjustment of the parts, to make the weapon effective.

Under the authority of Atwood v. State, (53 Ala. 508), and the cases therein referred to, we hold that the Circuit Judge did not err in the charge given, or in his refusals to charge as requested.

Let the judgment of the Circuit Court be affirmed.

2Cases cited1 opinion

  1. Atwood v. StateSupreme Court of Alabama · 1875

3Cited by4 opinions

  1. Commonwealth v. BartholomewMassachusetts Supreme Judicial Court · 1950
  2. People v. WilliamsCalifornia Court of Appeal · 1929
  3. Redus v. StateSupreme Court of Alabama · 1886
  4. Gamble v. StateAlabama Court of Appeals · 1922

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