Legal Opinion

Burks v. State

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 2 opinions

Appeal from the County Court of Tallapoosa. Tried before the Hon. R. A. J. Cumbee. The facts of the case are sufficiently stated in the opinion.

1Opinion of the CourtDowdell, J.

The appellant was tried and convicted in the county court of Tallapoosa county on an indictment for carrying a pistol concealed about his person. The bill of exceptions recites that it contains all of the evidence given on the trial. Upon a careful consideration we fail to find any proof of venue — that the offense was committed in Tallapoosa county. The court below, therefore, erred in the refusal to give the general affirmative charge as requested in writing by the defendant.—Bailey v. State, 116 Ala. 437; Brown v. State, 100 Ala. 92; Randolph v. State, Ib. 139; Justice v. State, 99 Ala.…

2Cases cited3 opinions

  1. Justice v. StateSupreme Court of Alabama · 1892
  2. Brown v. StateSupreme Court of Alabama · 1893
  3. Bailey v. StateSupreme Court of Alabama · 1897

3Cited by2 opinions

  1. Ward v. StateAlabama Court of Appeals · 1916
  2. Lantern v. StateAlabama Court of Appeals · 1911

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