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79 Ala. 257

Smith v. State

Supreme Court of Alabama

Decided December 15, 1885

Supreme Court of Alabama · decided 1885-12-15

From the County of Court of Macon. Tried before the Hon. P. S. Holt.

Relies on Owens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1885-12-15

How this case has been cited

Cited by 6 later decisions — most recently April 1930

6 state decisions

20188518901900191019201930decided

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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STONE, O. J.

¶1Defendant was prosecuted for carrying a pistol concealed about his person, under section 4109, as amended by act approved February 19, 1881. — Sess. Acts, 38. To carry, in this statute, means “ to convey, bear, or transport, by sustaining the thing carried, or causing it to be sustained.” Worcester’s Dictionary. We think that, ex vi termini, it is *259continuous in its nature, and that the two alleged acts shown in the proof, amount to no more than one continuous act of carrying.—Owens v. The State, 74 Ala. 401. Any other interpretation would furnish no rule for determining into how many indictable offenses one act of continuous carrying could be subdivided.

¶2Bevérsed and remanded.

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