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152 Ala. 66

Cook v. State

Supreme Court of Alabama

Decided July 2, 1907

Supreme Court of Alabama · decided 1907-07-02

Carrying Concealed Weapon. Appeal from Henry Circuit Court. Heard before Hon. H. A. Pearce. Stovall Cook was convicted of carrying a concealed weapon, and be appeals.

Relies on Gainey v. State

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1907-07-02

How this case has been cited

Cited by 11 later decisions — most recently July 1982

11 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.

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McCLELLAN, J.

¶1The defendant was convicted of the offense of carrying a concealed weapon. Over objection, the state was permitted to elicit from its .witness the details of a difficulty in connection with which the alleged concealed weapon was shown and later again concealed. This was error to reversal. — Gainey’s Case, 141 Ala. 72, 37 South. 355.

¶2*68There is no merit in the other exceptions reserved. The simple proof of the death of a person present on the occasion in question could not possibly have resulted in injury to defendant. Nor was the testimony, the purpose of which was to show bias, prejudice, or unfriendly state of feeling on the part of the witness testifying for the state, improperly admitted. The remarks of the solicitor were within the limits of legitimate advocacy.

¶3For the error indicated, the judgment is reversed, and the cause is remanded.

¶4Reversed and remanded.

Tyson, C. J., and Haralson, Dowdell, Simpson, and Anderson, JJ., concur.
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