House v. State

• Decision Date: 11 February 1904
• Citation: 139 Ala. 132,36 So. 732
• Parties: HOUSE v. STATE.
• Court: Alabama Supreme Court

36 So. 732

139 Ala. 132

HOUSE v. STATE.

Supreme Court of Alabama

February 11, 1904

Appeal from City Court of Anniston; Thos. W. Colman, Jr., Judge.

Joe House was convicted of carrying a pistol concealed, and he appeals. Affirmed.

When the case was called for trial, the defendant moved the court for a continuance on account of the absence of Frank Stevens and Sam Sherbert, material witnesses for the defendant. The bill of exceptions contains the following recital as to the grounds of said motion: "It was shown that the said Sherbert had been duly subp naed, and was not absent by the procurement or consent of the defendant. It also appeared that at the last term of the court the case was continued, at the request of the defendant, on account of the absence of Frank Stevens, and that a subp na had been issued for said Stevens, and returned not found, and that at the time defendant did not know where said Stevens was; that, if present, defendant would expect Frank Stevens to testify that a few days prior to the time when defendant was arrested, at which time the pistol was found upon him, he heard Dave Stevens threaten the life of the defendant, and heard him say that he intended to get even with the defendant, no matter what it might cost him; that he further said that the defendant had wronged him, and that he intended to have satisfaction for it; that said witness communicated these threats to defendant a short while before the arrest of the defendant by Policeman Herron. Defendant offered to show that Sam Sherbert, if present, would testify that he and Jim Hazle carried a gun that was given to him or to Hazle by Gus House to Mr. Williams' house, a short distance from where defendant lived, and delivered it to the defendant; that, a short while before the time on which defendant is alleged to have carried a concealed pistol, he heard Dave Stevens and Henry Luallen threaten the life of the defendant, and they said that they intended to fix the defendant on the day of the arrest; that this occurred just a short while before the defendant was arrested in Anniston." The court refused to permit the defendant to make proof of what the absent witnesses would testify, and overruled the defendant's motion to continue the case, and to this action of the court the defendant duly excepted.

The evidence for the state tended to show, without dispute, that the defendant had, within 12 months before the finding of the indictment, carried a pistol concealed about his person, in the county of Calhoun.

Upon the examination of one Jim Hazle as a witness for the...