Berney v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before lion. T. M. Arrington. The defendant was indicted, tried and convicted for carrying a pistol concealed about his person.
Read the full summary
Appeal from the City Court of Montgomery. Tried before lion. T. M. Arrington. The defendant was indicted, tried and convicted for carrying a pistol concealed about his person. On the trial, the State examined as a witness one Cook, who testified that while on duty as a policeman of the city of Montgomery, he was present at a. political meeting hold át a public place in said city in the month of November, 1880, and that the defendant was also present; that the defendant’s conduct at the meeting was disorderly, and it having a tendency to create a disturbance, he arrested the defendant and…
1Opinion of the CourtBeickell, C. J.
The admission made by the solicitor as to the evidence of the absent witnesses, Turner and Pruitt, was-offered as a whole. If any part of it was inadmissible, the City Court did not err in excluding it entirely. It was not the duty of the court to examine it, distinguishing the admissible from the inadmissible, receiving the one and excluding the other. 1 Brick. Dig. 887, § 1202. The part of it containing the advice Pruitt gave the defendant when he heard of Chilton’s threat and procured the pistol, was irrelevant and should not *235have been admitted. If the threat the defendant was informed…
2Cases cited2 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- State v. WisdomSupreme Court of Alabama · 1839
3Cited by5 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Montgomery v. StateAlabama Court of Appeals · 1911
- Gainey v. StateSupreme Court of Alabama · 1904
- Barker v. StateSupreme Court of Alabama · 1899
- Banks v. StateAlabama Court of Appeals · 1921