Legal Opinion

Spencer v. State

Supreme Court of Alabama

Decided January 15, 1852PublishedCited by 17 opinions

ERROR to tbe Circuit Court of Macon. Tried before tbe Hon. E. Pickens. Tbe plaintiff in error was indicted for “inveigling, stealing, carrying and enticing away a slave, witb a view to convert sucb slave to bis own use,” &c.

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ERROR to tbe Circuit Court of Macon. Tried before tbe Hon. E. Pickens. Tbe plaintiff in error was indicted for “inveigling, stealing, carrying and enticing away a slave, witb a view to convert sucb slave to bis own use,” &c. On tbe trial, tbe State offered to prove tbe confessions and declarations of tbe slave, made tbe day after tbe prisoner’s arrest, and in bis presence and bearing, and after tbe slave bad been taken aside by some of tbe company present, and privately conversed witb. These declarations were offered in connection witb other evidence, showing that on tbe declarations being…

1Opinion of the Court

GrOLDTHWAITE, L

The first question presented by the record arises upon the admissibility of the declarations of the slave, made in the presence and hearing of the prisoner. The record does not inform us of the character of the declarations, and assuming for the present that they were not denied by the prisoner, and that his situation at the time was not such as to render it improper for him to make such denial, the *27question wbicb tbe court is called upon to determine is, simply whether the admission of a white man to the truth of any statement made by a slave, in his presence and hearing, can…

2Cases cited4 opinions

  1. Murray v. StateSupreme Court of Alabama · 1851
  2. Williams v. StateSupreme Court of Alabama · 1849
  3. Batturs v. Sellers & PattersonCourt of Appeals of Maryland · 1820
  4. Ham v. StateSupreme Court of Alabama · 1850

3Cited by17 opinions

  1. Scott v. StateSupreme Court of Alabama · 1857
  2. Clark v. StateSupreme Court of Alabama · 1940
  3. Morissey v. PeopleMichigan Supreme Court · 1863
  4. United States v. StoneUnited States Circuit Court · 1881
  5. Scott v. StateSupreme Court of Alabama · 1947

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