Harman v. State
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Tried before Hon. James E. Cobb. At the fall term, 1881, of said court, Henry Harman was indicted for carrying a pistol concealed about his person; and at a subsequent term he was tried and convicted thereof. The evidence was uncontroverted that he carried the pistol concealed about his person, as charged, but it was shown that, at the time, he was within the curtilage of his place of abode.
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Appeal from Tallapoosa Circuit Court. Tried before Hon. James E. Cobb. At the fall term, 1881, of said court, Henry Harman was indicted for carrying a pistol concealed about his person; and at a subsequent term he was tried and convicted thereof. The evidence was uncontroverted that he carried the pistol concealed about his person, as charged, but it was shown that, at the time, he was within the curtilage of his place of abode. The defendant asked the court in writing to charge the jury as follows: That if the evidence on behalf of the State only shows that the defendant was at his home and…
1Opinion of the CourtStone, J.
The act to amend section 4109 of the Code, approved February 19th, 1881 — Pamph. Acts 18S0-1, 38 — is plain and positive in its terms. It contains no exception in favor of persons within the curtilage of their own abodes. The charge asked was rightly refused. — Owen v. The State, 31 Ala. 387.
Affirmed.
2Cases cited1 opinion
- Owen v. StateSupreme Court of Alabama · 1858
3Cited by4 opinions
- People ex rel. Darling v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1913
- People v. DemorioAppellate Division of the Supreme Court of the State of New York · 1908
- Dunston v. StateSupreme Court of Alabama · 1899
- State v. GagliotaNew York Court of General Session of the Peace · 1923