Etress v. State

7 So. 49, 88 Ala. 191
CourtSupreme Court of Alabama
DecidedNovember 15, 1889
StatusPublished
Cited by2 cases

This text of 7 So. 49 (Etress v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Etress v. State, 7 So. 49, 88 Ala. 191 (Ala. 1889).

Opinion

McCLELLAN, J.

The act of carrying a concealed weapon is, ex vi termini, continuous in its nature. — Smith v. State, 79 Ala. 257. An act of tbis character may be shown by testimony of the fact of possession of the weapon, concealed from ordinary observation, at any time during the continuance of it; and the introduction of evidence of such possession and concealment at different times, covered by tbe one continuous act, does not present a case on which tbe State should be put to an election of the particular moment of the offense for which it will proceed. — Owens v. State, 74 Ala. 401.

The rulings of the County Court were in accordance with these principles, and its judgment is affirmed.

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Related

Johnson v. State
75 So. 278 (Alabama Court of Appeals, 1917)
Dean v. State
13 So. 318 (Supreme Court of Alabama, 1893)

Cite This Page — Counsel Stack

Bluebook (online)
7 So. 49, 88 Ala. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/etress-v-state-ala-1889.