63 Ala. 127 | Ala. | 1879
Appellant was indicted for carrying a pistol concealed about his person.
The objection of illegality, because it is not declared in the record that the names of the persons who were summoned to serve as grand jurors were drawn by the officers to whom the law committed that duty, cannot be sustained. The process of this drawing is never entered on the minutes
2. The fact that defendant was engaged to play a part in which a pistol was to be used, in a school exhibition on the next or a different day from that on which he carried a pistol concealed, and drew it in a personal difficulty with another, afforded no excuse- for the offense with which he was charged. The circuit judge did not err in refusing to give the instruction asked.
Let the judgment be affirmed.