Alfred v. State
Supreme Court of Georgia
Certiorari, decided by Judge Wright, Cass Superior Court, February Term, 1849. Alfred, a slave, the property of James W. M. Berrien, was placed upon his trial before the Justices of the Inferior Court of Cass County, for the offence of an assault with intent to commit a rape, upon the person of a white girl of about four years of age.
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Certiorari, decided by Judge Wright, Cass Superior Court, February Term, 1849. Alfred, a slave, the property of James W. M. Berrien, was placed upon his trial before the Justices of the Inferior Court of Cass County, for the offence of an assault with intent to commit a rape, upon the person of a white girl of about four years of age. Twenty-three Jurors were impannelled, and the farther impannelling was waived by the owner of the slave, then in Court, acting as counsel for the slave. After the evidence was gone through, (which it is unnecessary to insert,) the Court being of the opinion that…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
Two grounds of error have been assigned upon the record to the judgment of the Court below.
First, that the Jury were not impannelled as required by law.
Second, that the verdict of the Jury was contrary to law and evidence and the charge of the Court.
[1.] The 9th section of the Act of 1816, which is amendatory of the Act of 1811, provides, that the Justices of the Inferior Court, or a majority of them, when notified of the commitment of a slave for a capital offence, shall cause to be drawn, fairly and impartially, from the Jury box, the names of…
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