Coleman v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. JOHN A. MlNNlS. The defendant was indicted for carrying a pistol concealed .about his person. He was arraigned, and pleaded “ not guilty.” The defendant was, on some night in July, 1877, at a political meeting held at Grattan’s store, in Montgomery county. At that time and place, he drew from behind his person a pistol, which was worn beneath his coat.
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Appeal from the City Court of Montgomery. Tried before the Hon. JOHN A. MlNNlS. The defendant was indicted for carrying a pistol concealed .about his person. He was arraigned, and pleaded “ not guilty.” The defendant was, on some night in July, 1877, at a political meeting held at Grattan’s store, in Montgomery county. At that time and place, he drew from behind his person a pistol, which was worn beneath his coat. Until it was drawn, the pistol was entirely concealed from observation. There was one witness who swore the defendant did not draw the pistol, but it was handed to him by some…
1Opinion of the CourtStone, J.
— In the case of The State v. Murphy, 6 Ala. 845, the question was, whether the same measure of proof was required to justify a conviction of misdemeanor, as was required in cases of felony. This court ruled, that it was. In expressing its opinion, the court employed the following language: “ Every one, charged with the commission of an offence against the law, is presumed innocent, until his guilt is established; and the evidence, to induce conviction, should not be a mere preponderance of probabilities; but it should be so convincing as to lead the mind to the conclusion that accused can…
2Cases cited2 opinions
- Mose v. StateSupreme Court of Alabama · 1860
- State v. MurphySupreme Court of Alabama · 1844
3Cited by21 opinions
- Hornsby v. StateSupreme Court of Alabama · 1891
- McKee v. StateSupreme Court of Alabama · 1886
- Sharifi v. StateCourt of Criminal Appeals of Alabama · 2008
- Lane v. StateSupreme Court of Alabama · 1887
- Martin v. StateSupreme Court of Alabama · 1884
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