Childs v. State
Supreme Court of Alabama
From the Circuit Court of Limestone. Tried before the Hon. H. D. Clayton. The defendant in this case was indicted for carrying a pistol concealed about his person, and pleaded not guilty to the indictment.
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From the Circuit Court of Limestone. Tried before the Hon. H. D. Clayton. The defendant in this case was indicted for carrying a pistol concealed about his person, and pleaded not guilty to the indictment. “On the trial,” as the bill of exceptions states, “ the State introduced one Bill Redns as a witness, who testified, that at a church supper at Athens in said county, in September, 1883, he saw the defendant draw a pistol from his pocket, change it a moment from one position to another, and put it back in his pocket; that he, witness, while this handling of the pistol was going on, called…
1Opinion of the CourtStone, C. J.
— The first charge asked by defendant would *95have required the jury to compare the testimony of one witness with that of others, supposed to be in conflict, if the jury found them to be of “ equal credibility, or weight,” and instructed them, that in such event, they might disregard the evidence of the criminating witness. The credibility of witnesses is entirely a question for the jury, under certain rules for weighing it, which may be given them in charge. The charge asked would have laid down a confusing and embarrassing standard for weighing the testimony. In Dorgan v. The State, 72 Ala.…
2Cases cited2 opinions
- Dorgan v. StateSupreme Court of Alabama · 1882
- Grimes v. StateSupreme Court of Alabama · 1879
3Cited by31 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Jordan v. StateSupreme Court of Alabama · 1886
- Carter v. ChambersSupreme Court of Alabama · 1885
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
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