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89 Ala. 90

Dooley v. State

Supreme Court of Alabama

Decided November 15, 1889

Supreme Court of Alabama · decided 1889-11-15

From the City Court of Anniston. Tried before the Hon. W. F. Johnston. The defendant in this case was indicted for carrying a pistol concealed about his person, and pleaded not guilty to the charge. On the trial, he reserved *a bill of exceptions, as follows; “It was admitted that defendant carried a pistol concealed on his person, at the time and place charged.

Decided 1889-11-15

STONE, C. J.

¶1We hold that, under the proof, the defendant in this ease “had good reason to apprehend an attack,” and that it justified him in carrying a pistol concealed about his person. — Code of 1886, § 3775.

¶2Reversed, and prisoner discharged.

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