Markley v. State
Supreme Court of Missouri
ERROR to Pike Circuit Court. 1st. The indictment should negative the idea of a written permission from the master, owner, or -overseer of the slave. Rev. C. 1845, p. 1018 §33^ 8 Mo. Rep. 210. 2d. The indictment is bad, because the time “one thousand, eighteen hundred and forty-six,” is impossible. See Chitty’s Crim. Law p. 225.
1Opinion of the CourtMcBride, J.
Markley was indicted at the April term of the Pike Circuit Court, 1846, for dealing with a slave, without permission of the owner of said slave. At the September term of the Court a trial was had, verdict of guilty found, and a fine of $20 assessed against the defendant, on which the Court entered judgment; thereupon, the defendant moved in arrest of judgment, assigning as reasons therefor:—
1st. Because it is not charged in anyone of the counts in said indictment, that said Markley dealt with the slave mentioned -in said indictment, without the consent in writing of the master of said slave.
2d…
2Cited by6 opinions
- Adkins v. StateSupreme Court of Georgia · 1897
- Terrell v. StateIndiana Supreme Court · 1905
- State v. CheneyMissouri Court of Appeals · 1957
- Wilson v. StateSupreme Court of Florida · 1938
- State v. PilkintonMissouri Court of Appeals · 1958
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