Diffey v. State
Supreme Court of Alabama
From the Criminal Court of Jefferson. Tried before tbe Hon. Sam. ■ E. Greene. Tbe defendant in this case was indicted for carrying a pistol concealed about his person, and was convicted by the court, a trial by jury having been waived.
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From the Criminal Court of Jefferson. Tried before tbe Hon. Sam. ■ E. Greene. Tbe defendant in this case was indicted for carrying a pistol concealed about his person, and was convicted by the court, a trial by jury having been waived. “On. the trial,” as- the bill of exceptions states, “the testimony offered by the State tended to show that the defendant, within twelve months before the finding of the indictment, and in said county, carried a pistol concealed in a hand-basket, which he carried in his hand, or on his arm, from his residence, some three or four hundred yards, to Steele’s…
1Opinion of the CourtClopton, J.
The evidence on which the defendant was convicted of carrying a concealed weapon was, that he had a pistol concealed in a hand-basket, which he carried m his hand, or on his arm, from his residence to a station on the street railway, a distance of three or four hundred yards, and when he entered the car, he put the basket on the seat beside him. The language of the statute is, “carries concealed about his person,” In Cunningham v, *67State, 76 Ala. 88, where it was held that a person did not commit the offense who had a pistol in his saddle-bags, while riding on horseback along the public road,…
2Cases cited2 opinions
- State v. . McManusSupreme Court of North Carolina · 1883
- Cunningham v. StateSupreme Court of Alabama · 1884
3Cited by9 opinions
- Ladd v. StateSupreme Court of Alabama · 1890
- United States v. Alonzo AdamsCourt of Appeals for the Eighth Circuit · 2019
- Trousdale v. StateTennessee Supreme Court · 1934
- Posey v. StateAlabama Court of Appeals · 1912
- Warren v. StateSupreme Court of Alabama · 1891
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