Martin v. State
Supreme Court of Alabama
FROM tbe City Court of Montgomery, Tried before tbe Hon. B. S. Bibb. The indictment in this case was found at tbe October term, 1864, and charged that the prisoner, John Martin, “inveigled, stole, carried, or enticed away, a slave named Fred, the property of Charles S. L. Peasley, with intent to convert said slave to his own use, or to enable said slave to reach a State or country where he would enjoy freedom.”
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FROM tbe City Court of Montgomery, Tried before tbe Hon. B. S. Bibb. The indictment in this case was found at tbe October term, 1864, and charged that the prisoner, John Martin, “inveigled, stole, carried, or enticed away, a slave named Fred, the property of Charles S. L. Peasley, with intent to convert said slave to his own use, or to enable said slave to reach a State or country where he would enjoy freedom.” The defendant pleaded not guilty, and was tried at the same term. “On the trial,” as the bill of exceptions states, “ the State introduced one Peasley as a witness, who testified, that…
1Opinion of the CourtStone, J.
The declaration of the slave, made in the presence of the defendant, in connection with the accompanying fact of the defendant’s silence, was, it seems to us# competent evidence. This court very properly held, in Spencer v. The State, (20 Ala. 24,) that there was no general *527rule prohibiting tbe admission in evidence, against a white man, of a slave’s declarations, made in his presence, and which were of such a character, and made under such circumstances, as natural!y to call for a reply. This court further decided, in Clawson v. Wiley, (35 Ala. 328,) that the declaration having been made in…
2Cases cited13 opinions
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Spivey v. StateSupreme Court of Alabama · 1855
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- Thompson v. DrakeSupreme Court of Alabama · 1858
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3Cited by5 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Kennedy v. StateAlabama Court of Appeals · 1958
- Clark v. StateSupreme Court of Alabama · 1940
- State v. WalkerSupreme Court of Missouri · 1883
- Johnson v. State Ex Rel. JonesAlabama Court of Appeals · 1917