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[Cite as Hutchinson v. State, 62 Ala. 3, 34 Am.
Rep. 1 (1878).]
HUTCHINSON v. STATE.
INDICTMENT FOR CARRYING CONCEALED WEAPONS.
1. Pistol; what constitutes, within the meaning
of statute against carrying concealed weapons.--A person who carries
concealed about his person, all the pieces of a pistol, which could readily be
put together so as to make an effective weapon, is guilty of carrying concealed
weapons, though at the time he carried them concealed, the pieces were separate
and incapable of use as a firearm until put together.
Appeal from Coffee Circuit Court.
Tried before Hon. Henry D. Clayton.
The appellant, Neal Hutchinson, was tried and convicted of carrying a
pistol concealed about his person.
On the trial it was shown that the cylinder of the pistol was taken
apart from the barrel, and while thus separated, the appellant carried the
pieces concealed about his person. It was shown that the pistol could not be
fired, either by the lock or by a match, at the time it was put in the pocket of
the appellant. It was also shown that all the parts of the pistol were perfect,
and could have been put together.
Upon this evidence the court charged the jury, among other things,
"That if the cylinder only was separated from the barrel and the defendant put
the two parts of the pistol thus separated into his pocket, and concealed them,
and that the cylinder of the pistol could have been easily and readily adjusted
for use so as to make it fire, then he would be guilty of carrying concealed
weapons, although they may believe that the cylinder of the pistol was separate
from the barrel at the time he put it in his pocket." To the giving of this
charge the defendant excepted, and requested the court to give the following
written charges, which the court refused, and to which refusal an exception was
taken: 1st, "That if the jury believe, from the evidence, that at the time the
defendant is charged with carrying the pistol concealed, that the pistol was in
pieces so that it could not be fired either by the lock or by applying a match
to it, then it would not be such a pistol as the law prohibits the defendant
from carrying it concealed." 2d, "That if the jury believe, from the evidence,
that the pistol was in pieces, that the cylinder of the pistol was separated
from the barrel so as it could not be fired without readjusting of it, and that
it was not readjusted and the defendant only put the pieces in his pocket, then
he (p.4) would not be guilty of carrying concealed
weapons within the purview of the law."
W.D. Roberts, for appellant.
H.C. Tompkins, Attorney-General, contra.
MANNING, J.--Appellant was indicted for carrying a
pistol concealed about his person. The evidence was that the cylinder of the
pistol was separated from the rest of the firearm, and both parts carried by
defendant in his pocket, without any thing to prevent an easy readjustment of
the parts, to make the weapon effective.
Under the authority of Atwood v. State, (53 Ala. 508), and the cases
therein referred to, we hold that the Circuit Judge did not err in the charge
given, or in his refusals to charge as requested.
Let the judgment of the Circuit Court be affirmed.