Legal Opinion

Johnson v. State

Alabama Court of Appeals

Decided April 10, 1917No. 6 Div. 243PublishedCited by 4 opinions

Appeal from Criminal Court, Jefferson County; H. P. Heflin, Judge. Charlie Johnson was convicted of carrying a concealed pistol, and he appeals. The facts sufficiently appear. The following are the charges refused to defendant: (4) “I charge you that defendant was not being tried for an offense committed on the street car, the state having elected to prosecute for an offense committed on a public street in the town of Brighton, or near said town.”

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Appeal from Criminal Court, Jefferson County; H. P. Heflin, Judge. Charlie Johnson was convicted of carrying a concealed pistol, and he appeals. The facts sufficiently appear. The following are the charges refused to defendant: (4) “I charge you that defendant was not being tried for an offense committed on the street car, the state having elected to prosecute for an offense committed on a public street in the town of Brighton, or near said town.” (6) “If you believe the evidence you cannot convict defendant of carrying a pistol on premises not his own, or under his control.” The court gave…

1Opinion of the CourtBbicken, J.

[1] The defendant was convicted of carrying a concealed pistol about his person. The complaint was in the form prescribed by law (Acts 1909, § 5, p. 259), and was not subject to the demurrers interposed. The court committed no error in overruling the demurrers to the complaint. On the trial of this case several exceptions.were reserved to the ruling of the court in refusing to permit the defendant to show that at the time he was arrested he had $40 or $50 in his possession. This testimony was not relevant, had np bearing upon the issues involved, and threw no light on the controversy; hence…

2Cases cited15 opinions

  1. Ward v. StateSupreme Court of Alabama · 1856
  2. Holland v. BarnesSupreme Court of Alabama · 1875
  3. Byers v. StateSupreme Court of Alabama · 1894
  4. Fitzpatrick v. StateSupreme Court of Alabama · 1910
  5. Dolan v. StateSupreme Court of Alabama · 1886

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Brown v. StateAlabama Court of Appeals · 1924
  2. Kelly v. StateAlabama Court of Appeals · 1920
  3. Stearns v. StateSupreme Court of Alabama · 1957
  4. Kelly v. StateAlabama Court of Appeals · 1920

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