Coker v. State
Supreme Court of Alabama
From the Circuit Court of Cherokee. Tried before the Hon. John Henderson. The defendant in this case was indicted for carrying concealed weapons, and was tried on issue joined on the plea of not guilty.
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From the Circuit Court of Cherokee. Tried before the Hon. John Henderson. The defendant in this case was indicted for carrying concealed weapons, and was tried on issue joined on the plea of not guilty. On the trial, as the bill of exceptions states, a witness for the prosecution testified, “that within twelve months before the finding of the indictment, and in said county, he met the defendant in the public road on the Garrett farm, on the opposite side of the Coosa river from defendant’s home; that defendant drew from his pocket a pistol, which was concealed, and shot at a corn-stalk, and…
1Opinion of the CourtStone, J.
The statute (Code of 1876, § 4109) authorizes persons who are travelling to carry weapons concealed about their persons. Under the rule laid down in Gholson's case, 53 Ala. 519, we think the testimony in this case shows the defendant was travelling. His journey was expected and intended to carry him into two counties other than his own, “ beyond the circle of his general acquaintance, and amongst strangers, for whose conduct he was in no wise responsible, either by his precept or example.” He was none the less travelling, although on his return trip, and within a short distance of home. In…
2Cases cited2 opinions
- Eslava v. StateSupreme Court of Alabama · 1873
- Gholson v. StateSupreme Court of Alabama · 1875
3Cited by2 opinions
- Burst v. StateIndiana Supreme Court · 1883
- McGuirk v. StateMississippi Supreme Court · 1886