House v. State

Decided November 15, 1903

Supreme Court of Alabama · decided 1903-11-15

Tried before the Hon. Thomas W. Coleman, Je. The appellant in this case, Joe House, was indicted, tried and convicted for carrying a pistol concealed about his person. When the case was called for trial, the defendant moved the court for a continuance on account of the absence of Frank Stevens and Sam Sherbert, material witnesses for the defendant.

Relies on Barker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-11-15

How this case has been cited

Cited by 6 later decisions — most recently February 1980

6 state decisions

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 →

TYSON, J. —

¶1The action of the court in refusing to continue the case was proper.

¶2There was no error in sustaining the objection to the question propounded by defendant to his witness Jim Hazle. It clearly called for illegal testimony.

¶3It is sufficient to say of charges 2 and 3 refused to defendant, that they were vicious in asserting, on the facts postulated, his right to carry the pistol concealed. — § 4420 of the Code; Baker v. State, 126 Ala. 83.

¶4There was, of course, no error in refusing the affirmative charge requested by defendant.

¶5Affirmed.