Chastang v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. Indictment against Charles Chastang, for carrying a pistol concealed about the person; plea, not guilty.
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. Indictment against Charles Chastang, for carrying a pistol concealed about the person; plea, not guilty. On the trial, the defendant reserved ah exception to the admission of certain evidence against his objection, which is stated in the opinion of the court; and he also excepted to the charge of the court, instructing the jury that, if they believed the evidence, they must find him guilty. cited Boyd v. United States, 116 U. S. 616. cited 1 Bish. Or. Pr. 246; 1 Greenl. Ev., § 232; Whart. Or. Ev. 678; State v. Flynn, 34 N. H.…
1Opinion of the CourtStone, C. J.
— An officer, having a warrant for the arrest of defendant, attempted to execute it, when the latter made demonstrations of resistance, by moving his hand in the direction of the pocket, or place on his person, where pistols are frequently carriecP Thereupon another officer, *30aiding the first, pointed a pistol at defendant, and commanded him to hold np his hands, which he did. ' The defendant was then arrested; and, proceeding to disarm him, a pistol was found concealed in his hip pocket. This is the substance of all the criminating evidence.
It was objected in the court below, and the…
2Cases cited3 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Spicer v. StateSupreme Court of Alabama · 1881
- Sampson v. StateSupreme Court of Alabama · 1875
3Cited by34 opinions
- State v. HeightSupreme Court of Iowa · 1902
- Hughes v. StateTennessee Supreme Court · 1921
- State v. TonnSupreme Court of Iowa · 1923
- Welchek v. StateCourt of Criminal Appeals of Texas · 1922
- Lawrence v. StateCourt of Appeals of Maryland · 1906
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