63 Ala. 95 | Ala. | 1879
The statute (Code of 1876, § 4109) authorizes persons who are travelling to carry weapons concealed about their persons. Under the rule laid down in Gholson's case, 53 Ala. 519, we think the testimony in this case shows the defendant was travelling. His journey was expected and intended to carry him into two counties other than his own, “ beyond the circle of his general acquaintance, and amongst strangers, for whose conduct he was in no wise responsible, either by his precept or example.” He was none the less travelling, although on his return trip, and within a short distance of home. In such case, the privilege the statute
Beversed and remanded. The defendant will remain in custody, until discharged by due course of law.