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[Cite as Harman v. State, 69 Ala. 248
HARMAN v. THE STATE.
INDICTMENT FOR CARRYING A CONCEALED PISTOL.
1. Carrying concealed pistol; can not be carried
within curtilage of defendant's abode.--Under the provisions of the act of February 19th, 1881, amendatory of section 4109 of the Code,
(Pamph. Acts 1880-1, p. 38), it is no defense to an indictment for
carrying a pistol concealed about the person, that the defendant, at the time of
the commission of the act, was within the curtilage of his own abode. No such
exception is made by the statute.(p.249)
Appeal from Tallapoosa Circuit Court.
Tried before Hon. James E. Cobb.
At the fall term, 1881, of said court, Henry Harman was indicted for
carrying a pistol concealed about his person; and at a subsequent term he was
tried and convicted thereof. The evidence was uncontroverted that he carried the
pistol concealed about his person, as charged, but it was shown that, at the
time, he was within the curtilage of his place of abode. The defendant asked the
court in writing to charge the jury as follows: "That if the evidence on behalf
of the State only shows that the defendant was at his home and within the
curtilage of his place of abode at the time the pistol was carried, then it is
immaterial whether he carried it concealed or not, and they must find the
defendant not guilty." The court refused to give the charge, and he
L. W. Martin, for appellant. (No brief came to the
hands of the reporter.)
H. C. Tompkins, Attorney-General, for the State, cited Acts of 1880-1, p. 38; Owen v. The State, 31 Ala.
STONE, J.--The act to amend section
4109 of the Code, approved February 19th, 1881--Pamph. Acts 1880-1,
38--is plain and positive in its terms. It contains no exception in favor
of persons within the curtilage of their own abodes. The charge asked was
rightly refused.--Owen v. The State, 31 Ala. 387.