Davenport v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was indicted for carrying a pistol concealed about his person, and on his trial reserved the following bill of exceptions: “Testimony was offered tending to show that the defendant’s life had been threatened, a short while before the time he was accused of carrying the pistol concealed, by one Henry Willingham, the principal witness for the State, and that such threats had been…
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was indicted for carrying a pistol concealed about his person, and on his trial reserved the following bill of exceptions: “Testimony was offered tending to show that the defendant’s life had been threatened, a short while before the time he was accused of carrying the pistol concealed, by one Henry Willingham, the principal witness for the State, and that such threats had been communicated to the defendant. The defendant then offered testimony to show that said Willingham had the character of being a…
1Opinion of the Court
SOMERVILLE, J.-
— The defendant is indicted for carrying a pistol concealed about his person. In such a case, the statute provides, that the defendant may give evidence, by way of defense to the prosecution, “that, at the time of carrying the weapon concealed, he had good reason to apprehend an attack; which the jury may consider in. mitigation of the punishment, or' justification of the offense” — Crim. Code, 1886, § 3775.
The evidence tended to show that one Willingham, who was a witness for the State on the trial, had threatened the defendant’s life; and the character of said Willingham was…
2Cases cited2 opinions
- Jackson v. StateSupreme Court of Alabama · 1884
- Holland v. BarnesSupreme Court of Alabama · 1875
3Cited by9 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Gast v. StateSupreme Court of Alabama · 1936
- Rhea v. StateSupreme Court of Alabama · 1893
- Bullington v. StateAlabama Court of Appeals · 1915
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