69 Ala. 248
Decided December 15, 1881
Supreme Court of Alabama · decided 1881-12-15
Tried before Hon. James E. Cobb. At the fall term, 1881, of said court, Henry Harman was indicted for carrying a pistol concealed about his person; and at a subsequent term he was tried and convicted thereof. The evidence was uncontroverted that he carried the pistol concealed about his person, as charged, but it was shown that, at the time, he was within the curtilage of his place of abode.
Relies on Owen v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1881-12-15
Cited by 4 later decisions — most recently October 1923
4 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.
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¶1The act to amend section 4109 of the Code, approved February 19th, 1881 — Pamph. Acts 18S0-1, 38 — is plain and positive in its terms. It contains no exception in favor of persons within the curtilage of their own abodes. The charge asked was rightly refused. — Owen v. The State, 31 Ala. 387.
¶2Affirmed.