Little v. State
Little v. State
Opinion of the Court
Some of the questions presented in this case were considered by this court in the case of Reese v. State, ante, p. 430, 78 South. 460, and in Johnson v. State, ante, p. 72, 75 South. 278, and what was there said will not here be reiterated.
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“This exception was ingrafted upon it out of regard for and in recognition of a general public prejudice against and condemnation of the practice of private citizens going dangerously armed in connection with the right to prepare for self-defense and was intended to conserve this right and at the same time save the citizen whose life was in danger from incurring public ridicule and condemnation by allowing him to carry weapons concealed and thus be ready to defend himself without offending public sentiment.” Reach’s Case, 94 Ala. 113, 11 South. 414; Shorter v. State, 63 Ala. 129; Stroud v. State, 55 Ala. 77.
The attack apprehended and threatened within the purview of the statute must be from a specific source or person. The proffered evidence, to which objection was sustained, was not sufficient to bring the case within this exception.
The ordinary perils incident to the discharge of one’s duty, whether he be an officer or a private citizen, cannot be included within this exception without destroying the beneficent purpose of the statute. There is a class of arms not interdicted, and although more burdensome to carry are as effective to the end of guarding against such perils as the pistol, and it is the duty of the citizen, under such circumstances, if he anticipates trouble from such source, to select for defensive purposes arms not prohibited by law to be carried.
We find no error in the record.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.