Polk v. State
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. Luther B. Smith. The appellant, O tesar Polk, was convicted of carrying concealed weapons.
Read the full summary
Appeal from Hale Circuit Court. Tried before Hon. Luther B. Smith. The appellant, O tesar Polk, was convicted of carrying concealed weapons. On the trial, one David Jones, Jr., as a witness for the State, having testified, that he had seen defendant carrying a concealed pistol, was asked on cross-examination, if there had been a difficulty between witness and defendant, and having testified that a difficulty had occurred between them about a week previous to the time he had seen defendant carry the pistol concealed; witness was then asked if any enmity existed between himself and defendant,…
1Opinion of the CourtStone, J.
The appellant was indicted under section 4109, Code of 1876, for carrying a pistol concealed about his person. — See section 4809 and form 21. The defense was that the accused had been threatened with, or had just cause to apprehend an attack. The rulings of the court, in rejecting evidence offered in support of this defense, present the questions for our decision. The Circuit Court did not err in excluding evidence of the cause and details of the quarrel and difficulty alleged to have taken place about a week before the alleged offense between the defendant and the witness David Jones, Jr.…
2Cases cited2 opinions
- McHugh v. StateSupreme Court of Alabama · 1858
- Baker v. StateSupreme Court of Alabama · 1873
3Cited by11 opinions
- Taylor v. Savings Union Bank & Trust Co.California Supreme Court · 1915
- McClendon v. StateSupreme Court of Alabama · 1942
- Holmes v. StateSupreme Court of Alabama · 1893
- Humber v. StateAlabama Court of Appeals · 1923
- Johnston Ex Rel. Estate of Johnston v. WardCourt of Appeals of South Carolina · 1986
6 more not listed; retrieve them via the Exa API.