McClendon v. State

JOHNSON, Judge.

This is an appeal from the County Court of Marshall County, Alabama, wherein the appellant was found guilty of a non-existent offense of threatening to use a deadly weapon.

Tit. 14, Sec. 36, Code of Ala., 1940, states:

“Whoever draws, or threatens to use, any pistol, dirk, knife, slungshot, or other deadly or dangerous weapon, already drawn upon any other person, shall be fined not less than one dollar nor more than five hundred dollars, to which may be added hard labor for the county not exceeding six months, but the provisions of this section shall not apply to a person drawing…