Dean v. State
Supreme Court of Alabama
Féom tbe City Court of Montgomery. Tried before tbe Hon. Thomas M. ArriNGTON. Abe Dean was convicted of carrying a pistol concealed on bis person. On tbe trial tbe State introduced one Adam Ellis as a witness, wbo testified that one afternoon in tbe latter part of September, 1892, at balf-past 7 o’clock, Abe Dean was in witness’s back yard, and that, upon their having some angry words, tbe defendant drew bis pistol from bis hip pocket, which bad hitherto been concealed.
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Féom tbe City Court of Montgomery. Tried before tbe Hon. Thomas M. ArriNGTON. Abe Dean was convicted of carrying a pistol concealed on bis person. On tbe trial tbe State introduced one Adam Ellis as a witness, wbo testified that one afternoon in tbe latter part of September, 1892, at balf-past 7 o’clock, Abe Dean was in witness’s back yard, and that, upon their having some angry words, tbe defendant drew bis pistol from bis hip pocket, which bad hitherto been concealed. Simon Nelson, another witness for tbe State, testified that on tbe same night, and a few minutes before this occurrence and…
1Opinion of the CourtMcCLELLAN, J.
The offense of carrying a weapon concealed about tbe person being continuous in its nature, tbe trial court did not err in allowing tbe State to prove by the witness Simon Nelson that a few minutes bofore tbe time at which Adam Ellis saw tbe defendant draw a pistol from bis liip pocket which bad theretofore been concealed, and at a different place, be Nelson, had seen a pistol on defendant’s person when the latter’s coat bad been casually brushed aside.— Etress v. The State, 88 Ala. 191; Smith v. State, 79 Ala. 257; Ladd v. State, 92 Ala. 58.
The further testimony of this Avitness, Simon…
2Cases cited3 opinions
- Ladd v. StateSupreme Court of Alabama · 1890
- Smith v. StateSupreme Court of Alabama · 1885
- Etress v. StateSupreme Court of Alabama · 1889
3Cited by2 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1981
- Hainey v. StateSupreme Court of Alabama · 1906