Lodge v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. Jas. A. Bilbro. ' The appellant, George Lodge, was indicted, tried and convicted for carrying a pistol concealed about his person.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. Jas. A. Bilbro. ' The appellant, George Lodge, was indicted, tried and convicted for carrying a pistol concealed about his person. The testimony for the State tended to show that on March 27,1898, the defendant was seen at Bock Bun Station, in Cherokee County, Alabama, waiting for a train; that as he stooped down his coat got hung over the handle of Ms pistol, Avhicli Avas in liis hip pocket, and the pistol Avas seen by the State’s Avitnesses. Before he stooped doAvn the pistol was not seen, and as he walked off from the…
1Opinion of the CourtSharpe, J.
— The charge given at the solicitor’s request was clearly correct.
Of the charges refused to the defendant charges 1 and 1 were incorrect.
The same proposition contained in them concerning the reasonable doubt ivas condemned in Nicholson v. The State, 117 Ala. 32, where it was said it “might have misled the jury to the conclusion that if they had a reasonable doubt of the defendant’s guilt groiving out of a certain part of the evidence they should acquit him even though such doubt were dissipated by other evidence, or did not exist upon the whole evidence.” Charge 2 was covered by given charge…
2Cases cited3 opinions
- Miller v. StateSupreme Court of Alabama · 1895
- Allen v. StateSupreme Court of Alabama · 1895
- Nicholson v. StateSupreme Court of Alabama · 1897
3Cited by5 opinions
- Ross v. StateSupreme Court of Alabama · 1903
- Cheney v. StateSupreme Court of Alabama · 1911
- Bardin v. StateSupreme Court of Alabama · 1904
- Hatch v. StateSupreme Court of Alabama · 1906
- Stewart v. StateAlabama Court of Appeals · 1923