Isaiah v. State
Supreme Court of Alabama
Question certified from Court of Appeals. Jacob Isaiah was convicted of carrying a concealed pistol, and appealed to the Court of Appeals, which certified the constitutional question involved to this court. The following opinion is rendered in response to an application for rehearing in the Supreme Court upon the ruling of said court on the question so submitted. For the decision of the Court of Appeals, see 3 Ala.
Read the full summary
Question certified from Court of Appeals. Jacob Isaiah was convicted of carrying a concealed pistol, and appealed to the Court of Appeals, which certified the constitutional question involved to this court. The following opinion is rendered in response to an application for rehearing in the Supreme Court upon the ruling of said court on the question so submitted. For the decision of the Court of Appeals, see 3 Ala. App. 138, 58 South. 57. Sec. 2 of the act under which this indictment is drawn is unconstitutional. — Amendment 2, Constitution U. S.; U. 8. v. Cruilcshanlcs, 92 U. S. 542; Presser…
1Opinion of the CourtAnderson, J.
Section 2 of Acts Special Session 1909, p. 258, says: “It shall be unlawful for any person to carry a pistol about his person on premises not his own or under his control,” etc. Section 5 provides that the indictment is sufficient if it charges that the defendant carried a pistol “on premises not' his own or under his control.” This is a criminal statute, and must he strictly construed, and, so construed, it means that a person is prohibited from carrying an unconcealed pistol only upon “premises” not his own or under his control ; that is, he may carry it anywhere except upon the premises of…
2Cases cited4 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Miller v. TexasSupreme Court of the United States · 1894
- State v. ReidSupreme Court of Alabama · 1840
- Hill v. StateSupreme Court of Georgia · 1874
3Cited by14 opinions
- George Young, Jr. v. State of HawaiiCourt of Appeals for the Ninth Circuit · 2021
- Nichols v. StateAlabama Court of Appeals · 1912
- State v. EvansNew Mexico Supreme Court · 1944
- Woodmen of the World v. WrightAlabama Court of Appeals · 1913
- E.T. III v. StateCourt of Criminal Appeals of Alabama · 1996
9 more not listed; retrieve them via the Exa API.