Posey v. State

• Court: Alabama Court of Appeals
• Writing for the Court: WALKER, P.J.
• Citation: Posey v. State, 4 Ala. App. 118, 59 So. 234 (Ala. App. 1912)
• Decision Date: 30 May 1912
• Parties: POSEY v. STATE.

59 So. 234

4 Ala.App. 118

POSEY v. STATE.

Court of Appeals of Alabama

May 30, 1912

Appeal from City Court of Bessemer; J. C. B. Gwin, Judge.

Otto Posey was convicted of carrying a weapon, and he appeals. Affirmed.

Perdue & Cox, of Birmingham, for appellant.

R. C Brickell, Atty. Gen., and W. L. Martin, Asst. Atty. Gen., for the State.

WALKER P.J.

That the statute which undertook to create the offense for which the appellant (defendant below) was prosecuted is a constitutional enactment has been determined in the case of Isaiah v. State (Sup.) 58 So. 53.

There was evidence tending to show that the defendant, while on premises not his own or under his control, borrowed a pistol "to shoot at a bottle in the corner of the room, and after shooting at the bottle, he stepped to the counter and laid it down." A question is raised as to the sufficiency of such evidence to show a carrying of the pistol by the defendant about his person, within the meaning of the statute (Acts of Ala. Special Session 1909, p. 258) which declares that "it shall be unlawful for any person to carry a pistol about his person on premises not his own or under his control." It is settled in this state that where one's relation to a concealed pistol is such that it accompanies him in his movements, he is regarded as carrying it about his person within the meaning of the provision of the statute on that subject. Warren v. State, 94 Ala. 79, 10 So. 838; Ladd v State, 92 Ala. 58, 9 So. 401; Diffey v. State, 86 Ala. 66, 5 So. 576. One who takes a pistol in his hand, shoots...