Etress v. State
Supreme Court of Alabama
Erom the County Court o£ Shelby. Tried before the Hon. R. W. Cobb. The indictment in this case charged that the defendant carried a pistol concealed about his person.
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Erom the County Court o£ Shelby. Tried before the Hon. R. W. Cobb. The indictment in this case charged that the defendant carried a pistol concealed about his person. On the trial, the State introduced one Yincent as a witness, who testified that one day, within twelve months before the finding of the indictment, while riding in the road on his wagon with a load of wood, he met the defendant at Abbott’s shop in said county, shook hands with him, and talked for a few minutes; that he was then going to the Shelby Iron Works, about one mile distant, and defendant said he would remain at the shop…
1Opinion of the CourtMcCLELLAN, J.
The act of carrying a concealed weapon is, ex vi termini, continuous in its nature. — Smith v. State, 79 Ala. 257. An act of tbis character may be shown by testimony of the fact of possession of the weapon, concealed from ordinary observation, at any time during the continuance of it; and the introduction of evidence of such possession and concealment at different times, covered by tbe one continuous act, does not present a case on which tbe State should be put to an election of the particular moment of the offense for which it will proceed. — Owens v. State, 74 Ala. 401.
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2Cases cited2 opinions
- Owens v. StateSupreme Court of Alabama · 1883
- Smith v. StateSupreme Court of Alabama · 1885
3Cited by2 opinions
- Johnson v. StateAlabama Court of Appeals · 1917
- Dean v. StateSupreme Court of Alabama · 1893