Roberts v. State

Alabama Court of Appeals

Decided March 20, 1934

Alabama Court of Appeals · decided 1934-03-20

Cited by 2 later decisions — most recently December 1985

2 state decisions

Key passage — most relied on by later courts

““From the bill of exceptions it appears that the pistol shown to have been in the possession, etc., of appellant had ‘lost so many of its parts as to be harmless and worthless as a weapon’—that it had ceased to be a firearm. “Accordingly, the verdict of guilt, etc., cannot be allowed to stand. Redus v. State, 82 Ala. 53 , 2 So. 713 .””

quoted by 1 later decision, including 481 So. 2d 461 - Giles v. State

Relies on Redus v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1934-03-20

View the full empirical analysis of this case →

RICE, Judge.

¶1 Appellant was convicted of the offense of carrying a concealed weapon — a pistol. Code 1923, § 3485.

¶2 From the bill of exceptions it appears that the pistol shown to have been in the possession, etc., of appellant had “lost so many of its parts as to be harmless and worthless as a weapon” — that it had ceased to be a firearm.

¶3 Accordingly, the verdict of guilt, etc., cannot be allowed to stand. Redus v. State, 82 Ala. 53, 2 So. 713.

¶4 The judgment of conviction is reversed, and the cause remanded.

¶5 Reversed and remanded.