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94 Ala. 79

Warren v. State

Supreme Court of Alabama

Decided November 15, 1891

Supreme Court of Alabama · decided 1891-11-15

<p> Indictment for Carrying Concealed Weapons. </p> <p>1. Carrying pistol in hand-satchel. — A conviction may be had for carrying a pistol concealed about the person (Code, § 3775), on proof that the defendant carried it in a hand-satchel, which was suspended from his shoulder by a strap around his neck, although the satchel was locked and the key kept in his pocket.</p>

Cited by 2 later decisions — most recently May 1921

2 state decisions

Relies on Ladd v. State · Diffey v. State

Cited in Bouvier (1914)’s definition of “Arms”

Good law ✅— No negative treatment on recordhow we know

Decided 1891-11-15

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McCLELLAN, J.

¶1This appeal is from a judgment of conviction of the offense of carrying a weapon concealed about the person. The evidence was without conflict to the effect that the defendant carried a pistol concealed in a small hand-satchel, which was supported and carried by mean of a strap which passed over his shoulder. Manifestly the weapon was being carried about the person, in the sense of moving with the person, and this is the test by which that question is determined ; and being confessedly concealed, the offense was complete - Diffey v. State, 86 Ala. 66; Ladd v. State, 92 Ala. 58.

¶2It is of no consequence whether a pistol so carried is of easy and ready access to the person carrying it; the statute denounces the act of carrying’ a weapon concealed about the person, irrespeclive of any consideration as to the ability of the person to readily avail himself of, and use it. The fact, therefore, that defendant’s satchel was locked, and could not be opened without the key which he had in his pocket, is of no importance in this case.

¶3The action of the court in giving the general affirmative charge for the State, which is the only matter presented for review, was free from error; and the'j udgment is affirmed.

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