99 Ala. 183 | Ala. | 1892
State’s witness, Joe Davis, testified that he saw defendant with a pistol concealed about his person; “that he discovered it while he was assisting the constable in making an arrest on the defendant’s person;” that defendant gave one of his pistols to the constable, on demand made by constable; that the constable had no warrant for the arrest of defendant, but arrested him for a violation of section 3757 of the Criminal Code of 1886, and found a pistol in his pocket. We have copied substantially the ^language of the witness, as disclosed by the bill of exceptions. The defendant moved to exclude all the above testimony, on the
There was, also, a general motion to exclude all the testimony of the witnesses, Ed and Jesse White, and the bill of exceptions shows that the testimony of Ed White is not set out. We can not, therefore, pass upon its admissibilitj’-. The motion was general, including that as well as the testimony of Jesse White.
There is no error in the record, and the judgment is affirmed.