Street v. State
Supreme Court of Alabama
Indictment for Carrying Concealed Weapons. Appeal from Etowah Circuit Court. Tried before Hon. L. E. Box. Henry Street was indicted, at the fall term, 1879, of the Circuit Court of Etowah county, for “ carrying a pistol concealed about bis person.” One West testified, on tbe trial, that he and three or four neighbors went to defendant’s house, and started to go thence to the river .to bathe.
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Indictment for Carrying Concealed Weapons. Appeal from Etowah Circuit Court. Tried before Hon. L. E. Box. Henry Street was indicted, at the fall term, 1879, of the Circuit Court of Etowah county, for “ carrying a pistol concealed about bis person.” One West testified, on tbe trial, that he and three or four neighbors went to defendant’s house, and started to go thence to the river .to bathe. They all left defendant’s house at the same time, but defendant and one or two others soon got ahead of witness. When they had gone through the woods about a quarter of a mile, and when the witness was…
1Opinion of the CourtStone, J.
— The first charge asked is evidently incomplete, and we will not consider it. It is entirely true that if a pistol is so carried as that persons about the defendant can see it with ordinary observation, then it is not concealed within the meaning of the statute. To constitute the offense denounced by the statute, the pistol must be so carried or worn, as that persons near enough to see it, if not concealed or hidden, cannot see it. Charge No. 2, requested by the defendant and refused by the court, was evidently intended to assert this proposition. The question is, does it express the idea…
2Cases cited4 opinions
- Duvall v. StateSupreme Court of Alabama · 1879
- Bell's Adm'r v. TroySupreme Court of Alabama · 1859
- Ross v. PearsonSupreme Court of Alabama · 1852
- Bank of Mobile v. BrownSupreme Court of Alabama · 1868
3Cited by9 opinions
- Hurd v. StateSupreme Court of Alabama · 1891
- Williams v. StateAlabama Court of Appeals · 1948
- Jackson v. StateAlabama Court of Appeals · 1912
- Parsons v. StateAlabama Court of Appeals · 1946
- Ramsey v. StateSupreme Court of Alabama · 1890
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