Garland v. State

Sykes, J.,

delivered tbe opinion of tbe court.

*316The appellant was indicted and convicted of unlawfully carrying a concealed weapon, from which conviction he appeals to this court. His defense was “that he was threatened, and had good and sufficient reason to, and did, apprehend a serious attack from an enemy.” This is a defense to this charge under section 1105, Code of 1906, Hemingway’s Code, section 831. This section further provides that the burden of proving this defense shall be on the accused. The testimony was conflicting upon this proposition. The jury could have found on this testimony…