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51 Ala. 16

Jones v. State

Supreme Court of Alabama

Decided June 15, 1874

Supreme Court of Alabama · decided 1874-06-15

From the Circuit Court of Geneva. Tried before the Hon. J. McCaleb Wiley. The prisoner in this case was indicted for carrying a pistol concealed about his person, and pleaded not guilty to the indictment.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-06-15

How this case has been cited

Cited by 4 later decisions — most recently April 1930

4 state decisions

201874188018901900191019201930decided

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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B. F. SAFFOLD, J.

¶1To constitute concealment, it is not necessary tbat tbe weapon may be seen from without, by inspection, or examination, more or less close; it is sufficient if it is hidden from ordinary observation ; and this must be determined by tbe jury. Of course, if the jury are not convinced of its being carried concealed, tbe defendant must be acquitted. One witness testified, that tbe pistol was strapped around tbe defendant’s waist, in such manner as to exhibit the handle of it to persons in front of him. Tbe court erred in refusing to charge tbe jury, as requested, tbat they must acquit *18the defendant, if they were not convinced, from all the evidence, that he did carry the pistol concealed about his person.

¶2The judgment is reversed, and the cause remanded.

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