Legal Opinion

McDowell v. Couch

Supreme Court of Louisiana

Decided April 15, 1851PublishedCited by 2 opinions

APPEAL from the District Court of Madison, Richardson, J. The important facts of this case are correctly stated in the Brief of the plaintiff and appellant’s counsel. The points raised may be considered under the following heads: 1st. The period fixed for the execution of the slave Jerry having passed, pending an appeal to the Supreme.

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APPEAL from the District Court of Madison, Richardson, J. The important facts of this case are correctly stated in the Brief of the plaintiff and appellant’s counsel. The points raised may be considered under the following heads: 1st. The period fixed for the execution of the slave Jerry having passed, pending an appeal to the Supreme. Court, and no new day having been designated for. the execution at the time of the commutation of the punishment, has the sentence become inoperative, and the commutation ineffectual? The lawfulness of the original imprisonment of Jerry is not denied. He…

1Opinion of the Court

The judgment of the court was pronounced by

Preston, L

The plaintiff brings this suit against the sheriff of the parish of Madison, to recover a slave named Jerry. The State, by the district attorney, intervened. He alleges the following facts, which have been admitted or proved. That the slave Jerry was prosecuted and convicted of the crime of murder, before a tribunal composed of two justices of the peace and ten slaveholders of the parish of Madison, convened and organized in pursuance of the act of 1846, relative to the trial of slaves. Pie was sentenced to be executed on the — day of…

2Cited by2 opinions

  1. State v. LeeSupreme Court of Louisiana · 1931
  2. State v. JohnsonSupreme Court of Louisiana · 1919

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