Bone v. State
Supreme Court of Arkansas
Appeal from, the Circuit Court of Lafayette county. A slave is but a mere chattel interest; and as such cannot be regarded as capable of being in the peace of the State.
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Appeal from, the Circuit Court of Lafayette county. A slave is but a mere chattel interest; and as such cannot be regarded as capable of being in the peace of the State. Wheeler’s Law of Slavery, 243; 2 Hill S. C. ,Rep., 453; 2 Bailey S. C. 98; 2 Bay S. C. R. 700. If indictable at all, it is by statutory provision: and the Statute should be strictly complied with: and under the Statute, {Dig. p. 379, sec’s 4 and 5) there must be a demand by the injured party, or some one for him, and a refusal on the part of the master to compound and punish the slave before any trial can be had; and these…
1Opinion of the CourtChief Justice English
Bone was indicted in the Lafayette Circuit Court, for an assault and battery upon Caroline Brown, a white woman. The indictment is in the form ordinarily used in the prosecution of white persons for assaults and batteries, except that it alleges Bone to be a negro slave, and the property of Madison Sims.. The counsel for the defendant moved to quash the indictment on two grounds:
1st. That, by law, a slave could not be indicted for the offence charged against Bone.
2. That if he could, the indictment does not allege that the master of the slave refused to compound and pay the damages sustained,…
2Cases cited2 opinions
- Austin v. StateSupreme Court of Arkansas · 1854
- McConnell v. HardemanSupreme Court of Arkansas · 1854
3Cited by4 opinions
- Smythe v. StateCourt of Criminal Appeals of Oklahoma · 1909
- McDonald v. StateSupreme Court of Arkansas · 1907
- State v. RingSupreme Court of Arkansas · 1905
- Omey v. StateSupreme Court of Arkansas · 1861