Terry v. State
| Decision Date | 19 December 1890 |
| Citation | 90 Ala. 635,8 So. 664 |
| Parties | TERRY v. STATE. |
| Court | Alabama Supreme Court |
Appeal from criminal court, Jefferson county; S.E. GREENE, Judge.
The appellant in this case was indicted, tried, and convicted for carrying, concealed about his person, a pistol. The case was tried without the intervention of a jury, and the evidence tended to show that the defendant was arrested by one Blackwell, a deputy-sheriff, without a warrant, for playing at a game with dice; that after the arrest the defendant took the said Blackwell into a room, and there gave him his pistol. The defendant contends that this arrest was illegal and that, being illegal, the said witness Blackwell, or some other witness, must show that the acts or confessions of the defendant were voluntary, and not the result of a search or seizure by the officer while the defendant was in his custody. On the evidence as adduced, the trial court found the defendant guilty as charged, and hence this appeal.
B M. Allen, for appellant.
W L. Martin, Atty. Gen., for the State.
In Chastang v. State, 83 Ala. 29, 3 South. Rep. 304, the defendant had been lawfully arrested under a warrant. After menacing resistance made by him, and while so in lawful custody, he was disarmed of a pistol, which he was carrying concealed about his person. There was no testimony against the defendant, other than the discovery of the pistol in the search made by the officer. The arrest had been made for a different offense. We held the testimony admissible, and affirmed the judgment of the trial court by which he had been convicted of carrying a pistol concealed about his person. In the present case the record fails to show the defendant was liable to arrest, or that he had committed an indictable offense prior to his arrest, or, at least, that there was any evidence against him. He was arrested, it would seem, for a supposed violation of the law against gaming. We need not say what would be our ruling if the pistol had been discovered by the officer in a search of the defendant's person, or if the defendant had surrendered the pistol in obedience to the command of the officer having him in charge. That question is not presented, and we leave it undecided. The record before us states that, "after said arrest, defendant requested said deputy to take him into a room, and take his pistol and knife, which said Blackwell [the deputy] then and there did defend...
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Banks v. State
...inspection, and he offered no objection. Held, admissible. Lee v. State, 69 Fla. 255, 67 So. 883, Ann. Cas. 1917D, 236. In Terry v. State, 90 Ala. 635, 8 So. 664, though was no evidence showing that defendant was liable to arrest or had committed crime prior to his arrest, it was shown that......
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... ... evidence as a suit at law,' together with the proof ... furnished by the chancery file, as the chancellor may order ... How, in the state of this record, are we to know what oral ... evidence was or was not given before the jury? In the absence ... of record proof to the contrary, we ... ...
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Shields v. State
...State (Ala.) 13 So. 555. In neither of these cases was the search, or the mode in which the evidence was obtained deemed illegal. In Terry v. State, supra, which, like the case before us, was indictment for the offense of carrying concealed weapons, the court observed: "We used not say what......
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Sewell v. State
...no rule touching the admissibility of information so obtained. We refer to Chastang v. State, 83 Ala. 29, 3 South. Rep. 304; Terry v. State, 90 Ala. 635, 8 South. Rep. 664; Scott v. State, 94 Ala. 80, 10 South. Rep. 505. In the first place, it does not appear that the arrest was unlawful. A......