Supreme Court of Alabama December 15, 1875 (Atwood v. State)

BRICKELL, C. J.

The only inquiry presented by the evidence was, whether the weapon carried by the appellant was a pistol, within the meaning of the statute against carrying concealed weapons. R. C. § 3555. The offense does not consist in the carrying a pistol which is capable of being used as a weapon of present offense or defense. If it did, a pistol not loaded would not constitute the offense.