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113 Ala. 106

Brewer v. State

Supreme Court of Alabama

Decided November 15, 1896

Supreme Court of Alabama · decided 1896-11-15

Indictment for Carrying Concealed Weapons. Appeal from the Circuit Court of Dale.

Relies on Sears v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1896-11-15

How this case has been cited

Cited by 6 later decisions — most recently May 1985

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

McOLELLAN, J.

¶1A knife, having the shape of what is commonly known as a butcher’s knife, eleven inches in length including the blade and handle, old, and worn down somewdiat in the middle of the blade on the sharp side and coming to a sharp point — the knife shown by the full size drawing which is a part of the bill of excep*108tions in this case — is a knife ‘ ‘of like kind or description” as a bowie knife, within the intent and meaning of section 3775 of the Code.-Sears v. State, 33 Ala. 347.

¶2But the trial court nevertheless erred in giving the affirmative charge requested for the State. The bill of exceptions shows that all the evidence introduced tended to show that the defendant carried such a knife concealed about his person. The jury might have believed all this evidence to be true, and yet not have found its tendency to establish the fact in issue sufficiently strong to warrant them in returning a verdict of guilt. The charge given took away from them the right to weigh evidence, which, as stated in the bill of exceptions, did not if believed necessarily show guilt, but only tended in some degree to show guilt.

¶3The charges requested by defendant were properly refused.

¶4Reversed and remanded.

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