Ala. 71 (27 So. 550); s. c., 124 Ala. 85 (27 So. 251). Form and sufficiency of complaint; what prosecutor said at time of carrying pistol immaterial.-Ross V. State, 139 Ala. 144 (36 So. 718). Prosecution before a municipal recorder's court as bar to action under special statute.-Bell v. State, 115 Ala. 87 (22 So. 453). Weapon: A butcher knife of particular kind and description held to be a knife of "like kind or description" within the meaning of the statute. -Brewer v. State, 113 Ala. 106 (21 So. 355). Though the mainspring of the pistol is broken and it could not be discharged in the ordinary way, though it might be discharged by striking the hammer with a knife or other instrument, it is a pistol within the meaning of the statute.-Fielding v. State, 135 Ala. 56 (36 So. 677); conflicts with 46 Ala. 88. The "pistol" or "firearm" may be imperfect, and yet be a "firearm."-Atwood's case, 53 Ala. 508; see Evins's case, 46 Ala. 88. What imperfections in the pistol will exclude it from the purview of the statute.-Ib. Sufficient weapon, if all the separated pieces of a pistol which can be readily put together, are carried.-Hutchinson's case, 62 Ala. 3. A broken handle, or mainspring, or want of tube, does not exclude pistol from the operation of the statute-it is not necessary to be a pistol that can be fired in the usual manner.—Redus's case, 82 Ala. 53 (2 So. 713). Also a knife, if not unlike a bowie-knife in all, but only in some essential particulars. Sears's case, 33 Ala. 347. Concealment: Carrying a pistol in the hand wrapped up in a towel may be concealed within the meaning of the statute.-DuBose v. State, 126 Ala. 81 (28 So. 656). Defendant cannot testify as to his intention for carrying-Barker v. State, 126 Ala. 83 (28 So. 589). Not necessary that defendant should intentionally or willfully and knowingly have carried the pistol concealed.-Barker v. State, 126 Ala. 83 (28 So. 589). The carrying of a pistol about one's person so that it is hidden from the view of others coming in contact with him in the usual and ordinary association of life, sufficient.-Driggers v. State, 123 Ala. 46 (26 So. 512). Defendant may be guilty if he carried the pistol concealed in his own home; such carrying neither avoids the statute nor excuses its violation.-Dunston v. State, 124 Ala. 89 (27 So. 333); Marman v. State, 69 Ala. 248. Whether a conviction may be had on evidence showing that pistol was found concealed by searching when defendant was unlawfully arrested, see Sewell v. State, 99 Ala. 183 (13 So. 555). Weapon is not concealed within the meaning of the statute, though it may be concealed from those occupying a particular relative position with respect to defendant, if open to the ordinary observation of persons occupying different positions.-Smith v. State, 96 Ala. 66 (11 So. 71). Conviction may be had if pistol found by search made under lawful arrest.-French v. State, 94 Ala. 93 (10 So. 553). Conviction may be had where prisoner voluntarily surrenders pistol and knife upon being arrested.-Terry v. State, 90 Ala. 635 (8 So. 664). Conviction may be had where witness only saw defendant with pistol in his hand but did not see whence or how he procured it.—Alsop v. State, 77 Ala. 87. That the witness saw the pistol in defendant's hip pocket as he turned to walk away may be sufficient to support a conviction.-Norwood v. State, 118 Ala. 134 (24 So. 53). General affirmative charge should not be given against the defendant if there be any conflict in the evidence as to whether or not the pistol was concealed.-Hampton v. State, 133 Ala. 180 (32 So. 230). The true rule is whether it was concealed from ordinary observation, not whether a witness saw or did not see it, or could have seen it on closer examination-it may be concealed in the hand.-Ramsey's case, 91 Ala. 29 (8 So. 568); Jones's case, 51 Ala. 16; see, also, Street's case, 67 Ala. 88. Carrying: Formerly there were exceptions in favor of persons traveling which have been changed by amendment of the statute.-Coker v. State, 63 Ala. 95; Wilson v. State, 68 Ala. 41. Purpose of statute permitting weapon to be carried by persons whose life had been threatened so as to provide precautionary defense against impending peril.-Polk v. State, 62 Ala. 237. Immaterial whether defendant owns the pistol or not; or whether he kept one at his home or not.-Norris v. State, 132 Ala. 12 (31 So. 551). Weapon must be carried about the person in the sense of moving with the person; hence a conviction may be had for carrying in a hand satchel suspended from the shoulders.Warren's case, 94 Ala. 79 (10 So. 838). Or in a hand basket carried on the arm.-Diffey's case, 86 Ala. 66 (5 So. 576). But not for carrying in saddle

bags while riding on horseback.-Cunningham's case, 76 Ala. 88. Nor for carrying under rug in bottom of buggy.-Ladd's case, 92 Ala. 58 (9 So. 401). Unlawful to carry pistol concealed within the curtilage of one's abode.-Harman's case, 69 Ala. 248. Or in the room of another person.-Owen's case, 31 Ala. 387. Evidence: Evidence of threats made against defendant to justify carrying a pistol; reason to apprehend an attack not absolute or unqualified right to carry a weapon.-House v. State, 139 Ala. 132 (36 So. 732); Barker v. State, 126 Ala. 83 (28 So. 589). Evidence of the particulars of an affray admissible; evidence of facts after commission of offense not admissible.-Scott v. State, 113 Ala. 64 (21 So. 425). It is admissible for witness to testify that The saw something in defendant's pocket that looked like a pistol," or that he saw impression of the pistol through the clothing, but such evidence will not warrant the general charge for the state.-Cotton's case, 88 Ala. 168 (7 So. 148); Mayberry's case, 107 Ala. 64 (18 So. 219). Juries may be, and often are convinced beyond reasonable doubt, that the pistol was previously concealed, where proof shows that defendant was afterwards seen with a pistol, although no witness can testify that he had previously looked to see whether defendant had a pistol.-Farley's case, 72 Ala. 170. Evidence of concealed weapon obtained by unlawful search is admissible.-Scott's case, 113 Ala. 64 (21 So. 425); Shields's case, 104 Ala. 35 (16 So. 85); Scott's case, 94 Ala. 80 (10 So. 505); Chastang's case, 83 Ala. 29 (3 So. 304). Witness may testify that he saw a pistol on the defendant a short time before alleged time of carrying.-Dean's case, 98 Ala. 71 (13 So. 318). Declaration of defendant a short time before alleged carrying "that he was going to raise bell," inadmissible.-Ib. The act being continuous, evidence of concealment at more than one time and place is admissible, though if the carrying is continuous from one time to another there cannot be two convictions or trials.— Smith's case, 79 Ala. 257; Ladd's case, 92 Ala. 58 (9 So. 401); Dean's case, 98 Ala. 71 (13 So. 318); Etress's case, 88 Ala. 191 (7 So. 49). Witness cannot testify that he lived with defendant and worked with him, and that he did not own a pistol, on a charge of carrying a pistol when they were not together. -Gaither's case, 89 Ala. 62 (8 So. 113). Good reason to apprehend an attack: The only exception is "good reason to apprehend an attack," and officers, sheriffs, deputies, and policemen are not exempt, unless within ground of exception.-Reach's case, 94 Ala. 113 (11 So. 414); Scott's case, 113 Ala. 64 (21 So. 425). Defense that defendant was a watchman is not good if he was not on watchman's duty at time.-Bell's case, 100 Ala. 78 (14 So. 763). If defendant attempts to show that he expected an attack from "C.," alleged to be a dangerous man, state may show that he was a justice of the peace.Bell's case, 100 Ala. 78 (14 So. 763). The right is coextensive only with the particular necessity, and ceases when that necessity ceases.-Eslava's case, 49 Ala. 355. Having reason to apprehend attack, or mere belief of attack by defendant, not founded on reasonable grounds, not sufficient; there must be "good reason to apprehend an attack."-Baker's case, 49 Ala. 350; Davenport's case, 85 Ala. 336 (5 So. 152); see, also, Collier's case, 68 Ala. 499; Berney's case, 69 Ala. 233; Shorter's case, 63 Ala. 129; Hardin's case, 63 Ala. 38. Proper charge when this is the only defense.-Hogg's case, 52 Ala. 2. Good reason to apprehend an attack at a dangerous time and place will not justify casual carrying weapon at safer time and place.-Chatteaux's case, 52 Ala. 388. Must be carried for defensive and not offensive purposes.Shorter's case, 63 Ala. 129; Stroud's case, 55 Ala. 77. Defendant cannot prove that he was advised to arm himself.-Berney's case, 69 Ala. 233. Nor an offer by him to borrow $5 to buy a pistol.-Ib. No excuse that pistol was to take part in school exhibition.-Preston's case, 63 Ala. 127. Defendant's enemy having armed himself and searched for defendant, declaring his intention "to fix him when he did see him, " held good reason to apprehend an attack.— Dooley's case, 89 Ala. 90 (8 So. 528). Court may charge jury to assess such a fine as they may deem necessary to suppress the evil.-Shorter's case, 63 Ala. 130; see, also, Chatteaux's case, 52 Ala. 388; McManus's case, 36 Ala. 293; Sullivan's case, 68 Ala. 525; Farley's case, 72 Ala. 170. Court may sentence defendant to hard labor in addition to fine imposed by the jury.-Brown v. State, 141 Ala. 80 (37 So. 408). What facts necessary to avoid bar of 24-AC-VOL. III

statute of limitations as to commencement of prosecution.-Green v. State, 139 Ala. 157 (36 So. 773). Testimony of impeached witness to support conviction. -Osborn v. State, 125 Ala. 106 (27 So. 758). Fine may be less than fifty dollars if fixed by the jury in mitigation.-Maxwell v. State, 143 Ala. 57 (39 So. 382). Sufficiency as to form of judgment.-Driggers v. State, 123 Ala. 46 (26 So. 512). Venue must be proven.-Burks v. State, 120 Ala. 386 (24 So. 931). Jeopardy, when begins. Scott v. State, 113 Ala. 64 (21 So. 425). The fact that the defendant was drunk at the time of carrying irrelevant and no defense. Gainey v. State, 141 Ala. 72 (37 So. 355). Circumstances or details of former difficulty not admissible.-Gainey v. State, 141 Ala. 72 (37 So. 355). Sufficiency of plea of former conviction; that witness carried pistol twelve months before the time alleged admissible as preliminary proof.-Brown v. State, 141 Ala. 80 (37 So. 408).

6422. (4421) (3776) (4110) Same; brass knuckles and slungshots. Any one, who carries concealed about his person brass knuckles, slungshot, or other weapon of like kind or description, must, on conviction, be fined not less than fifty nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months.

(April 8. 1873, p. 130.) Indictment charging carrying brass knuckles or other weapon of like kind or description is sufficient, and will support a conviction on proof of carrying lead knuckles.-Bell's case, 89 Ala. 61 (8 So. 133). Good cause to apprehend an attack no excuse for carrying brass knuckles.— Bell's case, 89 Ala. 61 (8 So. 133).

6423. (4422) (3777) (4111) Carrying rifle or shotgun walking cane.-Any person who carries a rifle or shotgun walking cane must, on conviction, be fined not less than five hundred nor more than one thousand dollars, and be imprisoned in the penitentiary not less than two years.

(Aug. 5, 1868, p. 11.)

6424. (4423) (3778) Given in special charge to grand jury; their duty. The three preceding sections must be given in special charge to the grand jury; and it is their duty, if the evidence justifies it, to find and present an indictment.

(Feb. 19, 1881, p. 38, § § 2 and 3.)

6425. (4424) (3779) (4809) (4136) (586) Indictment for carrying concealed weapons; proof.-In an indictment for carrying concealed weapons, it is sufficient to charge that the defendant "carried concealed about his person a pistol, or other description of firearms," or a "bowie knife, or other knife or instrument of the like kind or description," or other forbidden weapon, describing it, as the case may be; and the excuse, if any, must be proved by the defendant, on the trial, to the satisfaction of the jury. (Form 32 [26].)

Bell's case, 89 Ala. 61 (8 So. 133).

CROSS REFERENCES.

CARRYING CONCEALED WEAPONS (Criminal Code)

..6421-6425

CARRYING ON BUSINESS WITHOUT LICENSE (Criminal Code).7712-7715

CATTLE (Civil Code)..2832-2836, 3927-3954, 4243-4253, 4810-4813, 4873-4875

CESSIONS BY STATE TO UNITED STATES (Political Code).

4868-4872

.898, 899 6021, 6025 4634 .7275-7278

370, 407- 411

.6771, 6772

7256, 7258

1535-1548

.3055-3069

.3042-3228

CHAPTER 183.

CHANGE BILLS, EMITTING AND CIRCULATING. 6426, 6427.

6426. Emitting change bills as 6427. Circulating such change bills.

money.

6426. (5546) (4143) (4433) (3643) (101) Emitting change bills as money. Any officer or agent of any private corporation or association, or any other person, who makes, emits, signs, or countersigns, or causes or procures to be made, emitted, signed, or countersigned, without authority of law, any paper to answer the purpose of money, or for general circulation, must, on conviction, be fined not more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year. (Form 50 [41].)

(Aikin's Digest, p. 110, § 52; Clay's Digest, p. 435, $1.) It is the purpose for which paper is issued in the absence of legal authority and not the character or form of paper which the statute intended to reach.-Barnett v. State, 54 Ala. 579. The indictment should describe the paper, so that the defendant

will be informed of the facts relied on to constitute the offense.-Barnett v. State, 54 Ala. 579. Change bill as follows:

25.

Tallassee Manufacturing Company Store.
Good for Twenty-five Cents in Merchandise.
W. O. NORVELL, Agent.

25 cts.
Examined.-Barnett v. State, 54 Ala. 579. Change bill as follows:
Tallassee Manufacturing Company Store.

(15)

On the Book.

Good For
Fifteen Cents

In Merchandise.

(15)

W. O. NORVELL,
W. M. JORDAN, Ag't.

Examined.-Barnett v. State, 52 Ala. 188; Norvell's case, 50 Ala. 174; Durr's case, 59 Ala. 24; Nelson's case, 82 Ala. 44 (2 So. 463); Tabler v. Sheffield L. I. & C. Co., 79 Ala. 377.

6427. (5547) (4144) (4434) (3644) (102) Circulating such change bills.—Any person who passes or circulates in this state any paper issued without authority of law, to answer the purposes of money, must, on conviction, be fined not less than twenty nor more than one hundred dollars. (Form 50 [41].) (Aikin's Digest, p. 110, § 53; Clay's Digest, p. 436, § 3.) See citations to preceding section.