Scott v. State
Supreme Court of Alabama
Indictment for Carrying Concealed Weaj>ons. Appeal from the Circuit Court of Madison. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person.
Read the full summary
Indictment for Carrying Concealed Weaj>ons. Appeal from the Circuit Court of Madison. The appellant was indicted, tried and convicted for carrying a pistol concealed about his person. The defendant pleaded former jeopardy, and issue was joined upon said plea, which was submitted to the jury upon the following agreed statement of facts : ‘ ‘The defendant had two indictments pending against him, one for carrying a concealed pistol, No. 5203, and one for an assault with intent to murder, No. 5211. When the case against defendant was called on February 26th, 1896, he was called around by name…
1Opinion of the CourtMcCLELLAN, J.
The trial court properly charged the jury to find the issue on the plea of former jeopardy in favor of the State, if they believed the evidence. Scott v. State, 110 Ala. 48.
A defendant prosecuted under section 3775 of the Code “may give in evidence that, at the time of carrying the weapon concealed, he had good reason to apprehend an attack, which the jury may consider in mitigation of the punishment, or justification of the offense.” The particulars of the affray between Moseley and the defendant’s party in the wagon, Avhen taken in connection with defendant’s evidence that he did not have…
2Cases cited1 opinion
- Scott v. StateSupreme Court of Alabama · 1895
3Cited by8 opinions
- Banks v. StateSupreme Court of Alabama · 1921
- Agnello v. United StatesCourt of Appeals for the Second Circuit · 1923
- Pope v. StateSupreme Court of Alabama · 1910
- Cline v. StateAlabama Court of Appeals · 1933
- Ex Parte City of MobileSupreme Court of Alabama · 1949
3 more not listed; retrieve them via the Exa API.