State v. Abram
Supreme Court of Alabama
Error to the Circuit Court of Dallas. The prisoner was indicted for biting off the ear of Isaac J. Kirkendall, a white man. Upon the trial of the cause, it was in proof, that Kirkendall, who was the overseer of the prisoner, seeing him loitering about the negro cabins, told him to go to work. The prisoner replied he was sick and unable to work, upon which the overseer felt his pulse, told him he Was not sick, and again ordered him to his work.
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Error to the Circuit Court of Dallas. The prisoner was indicted for biting off the ear of Isaac J. Kirkendall, a white man. Upon the trial of the cause, it was in proof, that Kirkendall, who was the overseer of the prisoner, seeing him loitering about the negro cabins, told him to go to work. The prisoner replied he was sick and unable to work, upon which the overseer felt his pulse, told him he Was not sick, and again ordered him to his work. The prisoner moved off slowly, and Kirkendall struck him with his whip, which was caught by the prisoner. Kirkendall then kicked at him, and Abram…
1Opinion of the CourtOrmond, J.
The question of the right of the prisoner to challenge the grand jury, has been considered in the previous case of Clarissa, and we will therefore proceed to consider the questions presented upon this bill of exceptions.
The statute under which this indictment is framed, declares that every slave “ who shall wilfully maim, put out an eye, or cut, or bite off the lip, ear, or nose of any white person, shall suffer death.”
Although the statute speaks of biting, or cutting off the lip, ear, or nose, it is not to be understood that the offence may not be committed, without, the entire mutilation of…
2Cited by10 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Simpson v. StateSupreme Court of Alabama · 1877
- Harrison v. StateSupreme Court of Alabama · 1861
- Highway Commissioners v. ElyMichigan Supreme Court · 1884
- Green v. StateSupreme Court of Alabama · 1907
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