Brogden v. State

Alabama Court of Appeals

Brogden v. State

34 So. 2d 712, 33 Ala. App. 474

CourtAlabama Court of Appeals

DecidedApril 6, 1948

Docket4 Div. 46.

StatusPublished

This text of 34 So. 2d 712 (Brogden v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brogden v. State, 34 So. 2d 712, 33 Ala. App. 474 (Ala. Ct. App. 1948).

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Opinion

BRICKEN, Presiding Judge.

The trial in this case was had before the court without a jury. The charge, by affidavit and complaint, was that the defendant carried a pistol concealed about his person.

The case in the court below, and here, presents a mere question of fact. Upon the trial the defendant -admitted having a pistol in his possession at the time and place in question, but insisted it was not concealed as the complaint charged. The Chief Deputy Sheriff of the county and two Law Enforcement Officers, who accompanied him, all three testified that the defendant carried the pistol concealed about his person, as charged. ,

Upon the strength of said evidence the court properly found the defendant guilty and pronounced and entered judgment of conviction accordingly. This action of the trial court is affirmed. A few exceptions were reserved to the rulings of the court upon the admission of the evidence, but these exceptions are so clearly without merit, a discussion thereof is unnecessary^

Affirmed.

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BRICKEN, Presiding Judge.

The trial in this case was had before the court without a jury. The charge, by affidavit and complaint, was that the defendant carried a pistol concealed about his person.

The case in the court below, and here, presents a mere question of fact. Upon the trial the defendant -admitted having a pistol in his possession at the time and place in question, but insisted it was not concealed as the complaint charged. The Chief Deputy Sheriff of the county and two Law Enforcement Officers, who accompanied him, all three testified that the defendant carried the pistol concealed about his person, as charged. ,

Upon the strength of said evidence the court properly found the defendant guilty and pronounced and entered judgment of conviction accordingly. This action of the trial court is affirmed. A few exceptions were reserved to the rulings of the court upon the admission of the evidence, but these exceptions are so clearly without merit, a discussion thereof is unnecessary^

Affirmed.

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Bluebook (online)

34 So. 2d 712, 33 Ala. App. 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brogden-v-state-alactapp-1948.