Posey v. State
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon- J. G. B. Gwin. Otto Posey was convicted of carrying a concealed pistol, and he appeals. The act is unconstitutional. — Sec. 15, Constitution 1901; Reach v. The State, 94 Ala. 118; Sec. 26, Constitution 1901; State v. Reid, 1 Ala. 612; Ex parte Byrd, 84 Ala. 17; Miller v. J ones, 80 Ala. 89. The intent with which a pistol is carried is immaterial. — Barker’s case, 126 Ala. 83; Fielding’s case, 135 Ala. 56; 101 Am.
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Appeal from Bessemer City Court. Heard before Hon- J. G. B. Gwin. Otto Posey was convicted of carrying a concealed pistol, and he appeals. The act is unconstitutional. — Sec. 15, Constitution 1901; Reach v. The State, 94 Ala. 118; Sec. 26, Constitution 1901; State v. Reid, 1 Ala. 612; Ex parte Byrd, 84 Ala. 17; Miller v. J ones, 80 Ala. 89. The intent with which a pistol is carried is immaterial. — Barker’s case, 126 Ala. 83; Fielding’s case, 135 Ala. 56; 101 Am. St- Bep. 215. The acts testified to in this case do not constitute carrying a pistol about one’s person. — Boissen v. The State, 15…
1Opinion of the CourtWalker., P. J.
That the statute which undertook to create the offense for which the appellant (defendant below) was prosecuted is a constitutional enactment ha's been determined in the case of Isaiah v. State (Sup.) 58 South. 53.
There was evidence tending to show that the defendant, while on premises not his own or under his control, borrowed a pistol “to shoot at a bottle in the corner of the room, and, after shooting at the bottle, he stepped to the counter and laid it down.” A question is raised as to the sufficiency of such evidence to show a carrying of the pistol by the defendant about his person,…
2Cases cited5 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Ladd v. StateSupreme Court of Alabama · 1890
- Isaiah v. StateSupreme Court of Alabama · 1911
- Diffey v. StateSupreme Court of Alabama · 1888
- Warren v. StateSupreme Court of Alabama · 1891
3Cited by2 opinions
- Brunson v. StateAlabama Court of Appeals · 1913
- Smith v. StateAlabama Court of Appeals · 1915