Legal Opinion

Owen v. State

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 10 opinions

From the Circuit Court of Tuskaloosa. Tried before the Hon. JOHN Gill Shorter. The bill of exceptions in this case is as follows: “On the trial of this case, the State introduced one Hutchinson as a witness, who testified, that within twelve months before the finding of the indictment, he went into the room of one Charles S. Williams, in said county of Tuskaloosa; that he found in the room Mr. Williams, the defendant, and two or three other young gentlemen ; that he remained…

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From the Circuit Court of Tuskaloosa. Tried before the Hon. JOHN Gill Shorter. The bill of exceptions in this case is as follows: “On the trial of this case, the State introduced one Hutchinson as a witness, who testified, that within twelve months before the finding of the indictment, he went into the room of one Charles S. Williams, in said county of Tuskaloosa; that he found in the room Mr. Williams, the defendant, and two or three other young gentlemen ; that he remained in the room some twenty minutes, or half an hour; that, while there, he asked the defendant to give him a cap; that the…

1Opinion of the Court

BICE, O. J.

— The defendant was indicted for a violation of section 3274 of the Code, which provides, that “any one who carries concealed about his person a pistol, or any other description of fire-arms, not being threatened with, or having good reason to apprehend an attack, or traveling, or setting out on a journey, must, on conviction, be fined not less than fifty, nor more than three hundred dollars.”

That section was not designed to destroy the right, guarantied by the constitution to every citizen, “to bear arms in defense of himself and the State” ; nor to require them to be so borne, as…

2Cited by10 opinions

  1. English v. StateTexas Supreme Court · 1872
  2. People v. Raso, New York County Courts1958
  3. State v. WilforthSupreme Court of Missouri · 1881
  4. People v. SmithAppellate Division of the Superior Court of California · 1946
  5. Cunningham v. StateSupreme Court of Alabama · 1884

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