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69 Ala. 220

Berney v. State

Supreme Court of Alabama

Decided December 15, 1881

Supreme Court of Alabama · decided 1881-12-15

Tried before Hon. T. M. Arrington. At the February Term, 1881, of said court, the defendant was indicted for carrying a pistol concealed about his person. 'The evidence introduced on behalf of the State tended to show that the defendant, on or about the 4th day of November, 1880, did carry a pistol concealed about his person.

Cited by 2 later decisions — most recently April 1940

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1881-12-15

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BBIOKELL, C. J.

¶1-The offer of the accused, on being informed of the-threats of violence Ohilton had made, to borrow five dollars to purchase a pistol, was made several days before he was detected carrying a pistol concealed." If the fact of the offer was admissible as evidence, it would be admissible for no-other purpose than to connect the act of carrying the pistol with the communicated threat — to show that the act was caused by the threat. The connection between an act prima facie criminal, and a fact or circumstance which may excuse it, can not be shown by the declarations of the party accused made prior to, and in contemplation of the act. S.neh declarations areseif-seiwing, are capable of concoction as part of a scheme of crime, and are not admissible as evidence for the party making them. — Wliart. Grim. Ev. § 268.

¶2Let the judgment be affirmed.

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