Henderson v. State
Supreme Court of Alabama
From the Circuit Court of Hale. Tried before the Hon. M. J. Saffold. The defendant in this case was indicted for carrying concealed weapons. On the trial, as appears from the bill of exceptions, he reserved several exceptions, to the rulings of the court, which are here presented for revision, but which the opinion of this court renders it unnecessary to state.
1Opinion of the CourtPeck, C. J.
— The evidence tended very strongly to show that the defendant carried a pistol concealed 'about his person; but there was no evidence tending to show that he had two. There was some conflict in the evidence, as to the condition of the pistol; whether the main spring was or was not broken. Some of the evidence tended to show that it was, and some that it was not broken. The solicitor asked the court to charge the jury that, to reconcile the evidence, they might believe the defendant had two pistols. This charge the court gave, and the defendant excepted. This was improper. The said charge…
2Cases cited2 opinions
- Everett v. United StatesSupreme Court of Alabama · 1837
- Carey v. HughesSupreme Court of Alabama · 1850
3Cited by4 opinions
- Byrd v. StateSupreme Court of Alabama · 1925
- Beck v. StateSupreme Court of Alabama · 1885
- Green v. StateCourt of Criminal Appeals of Alabama · 1980
- Territory v. BakerNew Mexico Supreme Court · 1887